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Child Support Legislation Amendment Act 2000

  • - C2004A00641
  • In force - Latest Version
Act No. 49 of 2000 as made
An Act to amend legislation relating to child support and family law, and for related purposes
Administered by: Social Services
Originating Bill: Child Support Legislation Amendment Bill 2000
Date of Assent 03 May 2000
Table of contents.

 

 

 

 

Child Support Legislation Amendment Act 2000

 

No. 49, 2000


 

 

 

 

Child Support Legislation Amendment Act 2000

 

No. 49, 2000

 

 

 

 

An Act to amend legislation relating to child support and family law, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                 3

Child Support (Assessment) Act 1989                                                                     3

Child Support (Registration and Collection) Act 1988                                      4

Family Law Act 1975                                                                                                  5

 


Child Support Legislation Amendment Act 2000

No. 49, 2000

 

 

 

An Act to amend legislation relating to child support and family law, and for related purposes

[Assented to 3 May 2000]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Child Support Legislation Amendment Act 2000.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Child Support (Assessment) Act 1989

1  At the end of subsection 4(2)

Add:

             ; and (e)  that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

2  After section 163A

Insert:

163B  Regulations in relation to overseas‑related maintenance obligations etc.

             (1)  The regulations may make provision for, and in relation to, the following matters:

                     (a)  giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

                     (b)  maintenance obligations arising from family relationship, parentage or marriage, where:

                              (i)  the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

                             (ii)  the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

             (2)  Regulations made for the purposes of this section may:

                     (a)  confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

                     (b)  invest a court of a State with federal jurisdiction.

             (3)  Regulations made for the purposes of this section:

                     (a)  may be inconsistent with this Act; and

                     (b)  prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

             (4)  In this section:

international agreement means an agreement whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

                     (a)  a foreign country; or

                     (b)  a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Child Support (Registration and Collection) Act 1988

3  At the end of subsection 3(1)

Add:

             ; and (c)  that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

4  After section 124

Insert:

124A  Regulations in relation to overseas‑related maintenance obligations etc.

             (1)  The regulations may make provision for, and in relation to, the following matters:

                     (a)  giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

                     (b)  maintenance obligations arising from family relationship, parentage or marriage, where:

                              (i)  the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

                             (ii)  the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

             (2)  Regulations made for the purposes of this section may:

                     (a)  confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

                     (b)  invest a court of a State with federal jurisdiction.

             (3)  Regulations made for the purposes of this section:

                     (a)  may be inconsistent with this Act; and

                     (b)  prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

             (4)  In this section:

international agreement means an agreement whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

                     (a)  a foreign country; or

                     (b)  a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Family Law Act 1975

5  After section 124

Insert:

124A  Regulations in relation to overseas‑related maintenance obligations etc.

             (1)  The regulations may make provision for, and in relation to, the following matters:

                     (a)  giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

                     (b)  maintenance obligations arising from family relationship, parentage or marriage, where:

                              (i)  the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

                             (ii)  the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

             (2)  Regulations made for the purposes of this section may:

                     (a)  confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

                     (b)  invest a court of a State with federal jurisdiction.

             (3)  Regulations made for the purposes of this section:

                     (a)  may be inconsistent with this Act; and

                     (b)  prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

             (4)  In this section:

international agreement means an agreement whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

                     (a)  a foreign country; or

                     (b)  a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

(28/00)


 

 

[Minister’s second reading speech made in—

House of Representatives on 9 March 2000

Senate on 5 April 2000]