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FAMILY LAW ACT 1975 - SECT 125

Regulations

             (1)  The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:

                     (a)  providing for and in relation to the service overseas, pursuant to any convention between Australia and another country, of any documents in proceedings under this Act; and

                     (b)  providing for and in relation to the transcription of proceedings under this Act and the making available of copies of transcripts of those proceedings; and

                   (ba)  providing for and in relation to the authorisation of:

                              (i)  officers or staff members of the Family Court as family counsellors under subsection 38BD(1); and

                             (ii)  officers or staff members of the Family Court as family dispute resolution practitioners under subsection 38BD(2); and

                  (baa)  modifying or adapting the provisions of the Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to the Family Court and any other court exercising jurisdiction under this Act; and

                   (bb)  prescribing requirements for arbitrators; and

                 (bba)  the registration of awards made in section 13E arbitration and relevant property or financial arbitration; and

                   (bc)  prescribing, or providing for or in relation to, anything that may be dealt with in Rules of Court made under paragraph 123(1)(sa), (sb), (sc), (sca), (sd), (sda), (sdb), (sdc), (se), (sea) or (seb); and

                     (c)  prescribing court fees to be payable in respect of proceedings under this Act; and

                    (ca)  prescribing fees payable for services provided by the Family Court in circumstances other than where a court orders or directs the provision of the services; and

                     (d)  exempting persons included in particular classes of persons from liability to pay court fees prescribed under paragraph (c) and fees prescribed under paragraph (ca); and

                     (e)  providing for the refund of court fees prescribed under paragraph (c) and fees prescribed under paragraph (ca) that have been paid in particular circumstances; and

                      (f)  providing for an officer of a court exercising jurisdiction under this Act, a prescribed authority of the Commonwealth, of a State or of a Territory or the person for the time being holding a prescribed office under a law of the Commonwealth, of a State or of a Territory, in his, her or its discretion, to institute and prosecute proceedings, on behalf of the person entitled to moneys payable under a child maintenance order under Part VII or a maintenance order under Part VIII, for the purpose of enforcing payment of those moneys; and

                     (g)  providing for and in relation to priority as between the execution of orders made under the regulations, or under the repealed Act, for the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment) and the execution of orders made in accordance with the Maintenance Orders (Commonwealth Officers) Act 1966 .

             (2)  Court fees payable in pursuance of regulations made under this section in respect of proceedings in a Family Court of a State are payable to the State.

             (3)  To the extent of any inconsistency between regulations and Rules of Court, the regulations prevail.




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