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Family Law Amendment Regulations 2004 (No. 2)

Authoritative Version
  • - F2005B00023
  • No longer in force
SR 2004 No. 370 Regulations as made
These Regulations amend the Family Law Regulations 1984.
Administered by: Attorney-General's
Registered 06 Jan 2005
Tabling HistoryDate
Tabled HR08-Feb-2005
Tabled Senate08-Feb-2005
Gazetted 23 Dec 2004
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 3702

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 16 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Family Law Amendment Regulations 2004 (No. 2).

2              Commencement

                These Regulations commence on the date of their notification in the Gazette.

3              Amendment of Family Law Regulations 1984

                Schedule 1 amends the Family Law Regulations 1984.


Schedule 1        Amendments

(regulation 3)

  

[1]           Paragraphs 12A (a), (b) and (c)

substitute

                (a)    the following entitlements under the Veterans’ Entitlements Act 1986:

                          (i)    a service pension within the meaning given by subsection 5Q (1) of that Act;

                         (ii)    a Defence Force Income Support Allowance (DFISA) within the meaning given by subsection 5Q (1) of that Act;

                         (iii)    income support supplement under Part IIIA of that Act;

               (b)    a social security pension or a social security benefit within the meaning given by subsection 23 (1) of the Social Security Act 1991;

                (c)    a family tax benefit within the meaning given by subsection 3 (1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;

              (ca)    so much of an allowance under the Aboriginal study assistance scheme, within the meaning given by subsection 23 (1) of the Social Security Act 1991, as is means tested;

[2]           Paragraph 12A (f)

omit

1998;

insert

1998.

[3]           Paragraph 12A (h)

omit

[4]           Paragraph 12BA (d)

omit

Department of Families;

insert

Department of Child Safety;

[5]           Subregulation 15A (2)

omit

subsection 94AAA (1)

insert

paragraph 94AAA (1) (a)

[6]           Paragraph 19 (f)

substitute

                (f)    the Protection Orders Act 2001 of the Australian Capital Territory;

[7]           Subregulation 21F (1)

omit

before the donor

insert

unless the donor

[8]           Paragraph 21F (1) (a)

substitute

                (a)    immediately before the sampler takes the bodily sample, completed an affidavit in accordance with Form 2 in Schedule 1, to which is attached a recent photograph of the donor named in the affidavit; and

[9]           After subregulation 21F (1)

insert

         (2)   The photograph required by paragraph (1) (b) is in addition to the photograph that is required to be attached to Form 2.

[10]         Subregulation 21N (1)

omit

calendar year:

insert

financial year:

[11]         Subregulation 21N (2)

omit

calendar year,

insert

financial year,

[12]         Paragraph 21N (2) (c)

omit

Australia.

insert

Australia; and

[13]         After paragraph 21N (2) (c)

insert

               (d)    the Chief Executive Officer of the Federal Magistrates Court.

[14]         Paragraph 67D (c)

substitute

                (c)    accompanied by a financial statement in accordance with the applicable Rules of Court.

[15]         Subregulation 67N (3)

substitute

         (3)   An application under subregulation (2) must be made in accordance with the applicable Rules of Court.

[16]         Schedule 1, Form 2

substitute

Form 2        Parentage testing procedure
Affidavit by/in relation to donor

(subregulation 21F (1))

PARENTAGE TESTING PROCEDURE

AFFIDAVIT BY/IN RELATION TO DONOR

NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)

NAME OF DONOR: (insert donor’s name)

DATE OF BIRTH OF DONOR: (insert donor’s date of birth)

*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE: (if donor is not the child whose parentage is in issue, insert relationship of donor to child)

DATE OF TAKING SAMPLE FROM DONOR: (insert date sample is to be taken)

I, (insert name), of (insert address), (insert occupation), *make oath and say/*affirm:

 

IMPORTANT

Either Part 1 or 2 of this form must be completed and duly sworn or affirmed by the person completing it, and the signature witnessed, on the day the donor’s sample is taken.

PART 1

Part 1 must be completed if the person swearing or affirming the affidavit is the donor.

1.    I am the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.

2.    My racial background is (insert details).

3.    In the last 2 years:

(a)   I *have/*have not suffered from leukaemia;

(b)   I *have/*have not received a bone marrow transplant.

*4.   The particulars of the *leukaemia/*bone marrow transplant are as follows:

       (insert particulars).

5.    I *have/*have not received a transfusion of blood or a blood product within the last 6 months.

*6.   The particulars of the transfusion of blood or blood product are as follows:

       (insert particulars).

7.    I consent to:

(a)   the taking of *a bodily sample/*bodily samples from me on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of *a parentage testing procedure/*parentage testing procedures; and

(b)   the carrying out of *that procedure/*those procedures on the *sample/*samples.

PART 2

Part 2 must be completed on behalf of a child or adult who is not capable of swearing or affirming the affidavit. Under subsection 69Z (2) of the Act, a parentage testing procedure must not be carried out in relation to a child without the consent of a parent or guardian of the child or a person who, under a specific issues order, is responsible for the child’s long-term or day-to-day care, welfare and development.

1.    I am the (state relationship or other status in relation to the donor) of (insert name of donor) who was born on (insert date of birth of donor).

2.    (insert name of donor) is the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.

3.    (insert name of donor) is a person whose racial background is (insert details).

4.    In the last 2 years:

(a)   the donor *has/*has not suffered from leukaemia;

(b)   the donor *has/*has not received a bone marrow transplant.

*5.   The particulars of the *leukaemia/*bone marrow transplant are as follows:

       (insert particulars).

6.    The donor *has/*has not received a transfusion of blood or a blood product within the last 6 months.

*7.   The particulars of the transfusion of blood or blood product are as follows:

       (insert particulars).

8.    I consent to:

(a)   the taking of *a bodily sample/*bodily samples from the donor on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of *a parentage testing procedure/*parentage testing procedures; and

(b)   the carrying out of *that procedure/*those procedures on the *sample/*samples.

 

*SWORN/*AFFIRMED by the
deponent at

on                                       20

                                                                                 (Signature of deponent)

BEFORE ME: (insert name of person
before whom the affidavit is sworn
or affirmed
)

                                                                                 (Signature of person

                                                                                 before whom affidavit is

                                                                                 sworn or affirmed)

Attach a recent photograph of the donor named in the affidavit, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background. The photograph must be marked ‘A’, and must bear a statement, signed by both the person before whom the affidavit is sworn or affirmed and the deponent, identifying it as the photograph mentioned in the affidavit.

*Omit if not applicable.

[17]         Schedule 8, items 1, 2 and 3

substitute

1

Crimes Act 1900 (Part 15A)

New South Wales

2

Property (Relationships) Act 1984 (Part 5)

New South Wales

3

Domestic and Family Violence Protection Act 1989 (Part 3 and section 66)

Queensland

[18]         Schedule 8, item 4, column 2

omit

(sections 3 to 19)

insert

(sections 3 to 19, except section 10A)

[19]         Schedule 8, item 5, column 2

omit

(Division 7 of Part 4)

insert

(Division 7 of Part 4, except section 99AA)

[20]         Schedule 8, after item 6

insert

6A

Youth Court Act 1993 (section 7)

South Australia

[21]         Schedule 8, item 7, column 2

omit

(sections 106B, 106D and 106DA)

insert

(Part XA)

[22]         Schedule 8, item 8, column 2

omit

(sections 4 and 8)

insert

(sections 4, 8, 14, 18AA and 18AAB)


Notes

1.       These Regulations amend Statutory Rules 1984 No. 426, as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376; 1998 Nos. 39, 121, 222, 270 and 329; 1999 Nos. 39 and 173; 2000 Nos. 16, 81, 207 and 254; 2001 Nos. 31, 117 and 264; 2003 No. 339; 2004 No. 319.

2.       Notified in the Commonwealth of Australia Gazette on 23 December 2004.