Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FAMILY LAW REGULATIONS (AMENDMENT) 1998 (NO. 5) 1998 NO. 329

STATUTORY RULES 1998 No. 329

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

FAMILY LAW ACT 1975

FAMILY LAW REGULATIONS (AMENDMENT) 1998 (No. 5)

Subsection 125(1) of the Family Law Act 1975 ("the Act") empowers the Governor-General to make Regulations for the purposes of the Act.

The purposes of the Regulations are to:

*       amend regulation 10A(2) to make the Court of Petty Sessions of Norfolk Island a prescribed court under the Act;

*       update the list of prescribed pensions in regulation 12A of the Family Law Regulations;

*       correct the references to the Act contained in regulation 13;

*       amend Schedule 5 of the Regulations to specify the now relevant child welfare laws for the State of Victoria, as set out in its recently amended referral legislation; and

*       prescribe the office of "child welfare office?' for the States of Tasmania, New South Wales and Victoria.

Details of the Regulations are as follows:

Regulation 1 - Name of Regulations

Regulation 1 provides that the Regulations are called the Family Law Amendment Regulations 1998 (No. 5). This method of naming is in accordance with new drafting practices.

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on gazettal

Regulation 3 - Amendment of Family Law Regulations

Regulation 3 provides that the Family Law Regulations 1984 ("the Principal Regulations") are amended by Schedule 1 of the Family Law Amendment Regulations 1998 (No. 5).

SCHEDULE 1

Item 1 - Paragraph 10A(2)(b)

Item 1 replaces a full stop with a semi-colon to permit further items to be added to the list contained in subregulation 10A(2),

Item 2 - After Paragraph 10A(2)(b)

Item 2 inserts the Court of Petty Sessions of Norfolk Island as a prescribed court. This item has the effect that applications for decrees of dissolution of marriage may be instituted in or transferred to the Court of Petty Sessions of Norfolk Island.

Item 3 - Subregulation 12A(a)

Item 3 deletes the reference to Part III of the Veterans' Entitlements Act 1986 as that reference is not relevant.

Item 4 - Subparagraph 12A(b)(1)

Item 4 inserts a new subparagraph that takes account of amendments made to the terminology and calculation of the family allowance to be disregarded by the Court in exercising its jurisdiction under section 74 of the Act.

Item 5 - Paragraph 12A(d)

Item 5 amends paragraph 12A(d) to more accurately describe the relevant portion of the payment that is to be disregarded by the Court in exercising its jurisdiction under s.74 of the Act.

Item 6 - Paragraph 12A(g)

Item 6 deletes paragraph 12A(g) as the payments formerly attributed to that paragraph are now covered by paragraphs 12A(c) and (f).

Item 7 - Paragraph 12A(h)

Item 7 amends paragraph 12A(h) to take reflect the new Administrative Arrangements that see the Labour Market Programs mentioned in that paragraph administered by the Department of Employment, Workplace Relations and Small Business.

Item 8 - Regulation 12BA

Item 8 substitutes a new Regulation 12BA that prescribes an office of "child welfare office?' for Tasmania, New South Wales and Victoria for the purposes of subsection 60D(1) of the Act. The consent of the "child welfare officer" is necessary for States to utilise the legislation amending State referrals of power, that have been passed by State Parliaments.

Item 9 - Regulation 13

Item 9 substitutes a new Regulation 13 that sets out the manner in which consents in writing are to be authenticated. The new Regulation corrects the previously incorrect references to provisions in the Act.

Item 10 - Schedule 5, items 11 and 12

Item 10 substitutes new items 11 and 12 into Schedule 5. The new items correspond to newly commenced amendments to the Victorian referral of powers legislation.

The Regulations commence on gazettal.