Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1992 NO. 33

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 33

Issued by the Authority of the Minister for Justice and Consumer Affairs

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 provides that a country, or part of a country outside Australia 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 will declare Switzerland, and the State of Ohio of the United States of America as prescribed overseas jurisdictions in Schedule 1A. The amendment will enable Australia to extend its current arrangements for the reciprocal enforcement of overseas custody orders, to these additional jurisdictions.

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 declare Switzerland and the States of Kansas, Nebraska, New Jersey, and Ohio of the United States of America to be additional reciprocating jurisdictions in Schedule 2 of the regulations. The proposed regulations will allow final maintenance orders made in these jurisdictions to be enforced in Australia.

Sub-section 125(1) of the Act also provides that the Governor-General may make regulations prescribing fees payable in proceedings under the Act.

Regulations were made on 19 December 1991 which impose a range of new fees and provide a revised basis for waiver of fees payable in proceedings under the Act.

The proposed regulations replace the existing provision relating to the fee payable on filing an originating application so that a fee will not be payable for applications expressed to be by consent.


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