Child Support Legislation Amendment Bill 2000
First Reading

1998-1999-2000
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Child Support Legislation Amendment Bill 2000
No. , 2000
(Community Services)
A Bill for an Act to amend legislation relating to child support and family law, and for related purposes

ISBN: 0642 429561

Contents
Child Support (Assessment) Act 1989 3
Child Support (Registration and Collection) Act 1988 4
Family Law Act 1975 5
A Bill for an Act to amend legislation relating to child support and family law, and for related purposes
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1--Amendments

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.

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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.