Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1992 NO. 160

STATUTORY RULES 1992 No. 160

Issued by the Authority of the Minister for Justice

Family Law Act 1975

Family Law Regulations (Amendment)

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

Section 60 of the Act provides that "overseas custody order" means an order made by a court of a prescribed overseas jurisdiction. Section 69 of the Act provides that the regulations may allow an Australian custody or access order to be transmitted to a prescribed overseas jurisdiction. Regulation 14 of the Family Law Regulations (the Regulations) provides that a country, or part of a country specified in Schedule 1A, is declared to be a prescribed overseas jurisdiction for the purposes of sections 60 and 69 of the Act.

The proposed Regulations would declare Austria as a prescribed overseas jurisdiction in Schedule I A. The amendment would enable Australia to extend its current arrangements for the reciprocal enforcement of overseas custody orders, to this additional jurisdiction.

Section 110 of the Act, provides, inter alia, for reciprocal arrangements between Australia and overseas jurisdictions concerning the enforcement of overseas maintenance orders, to be declared in the Regulations. Regulation 25 provides that jurisdictions listed in Schedule 2 are declared to be reciprocating jurisdictions.

The proposed Regulations would declare Austria to be an additional reciprocating jurisdiction in Schedule 2 of the regulations. The proposed Regulations would allow final maintenance orders made in this jurisdiction to be enforced in Australia.