Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Additional application of Part

             (1)  Without prejudice to its effect apart from this section, this Part also has effect as provided by this section.

             (2)  By virtue of this subsection, Subdivisions BA and BB of Division 1, Divisions 2 to 7 (inclusive) (other than Subdivisions C, D and E of Division 6 and sections 66D, 66M and 66N), Subdivisions C and E of Division 8, Divisions 9, 10 and 11 and Subdivisions B and C of Division 12 (other than section 69D) have the effect, subject to subsection (3), that they would have if:

                     (a)  each reference to a child were, by express provision, confined to a child of a marriage; and

                     (b)  each reference to the parents of the child were, by express provision, confined to the parties to the marriage.

Note:          The provisions mentioned in this subsection are generally expressed in terms of children, without distinguishing between children of marriages and ex-nuptial children. This section does not limit the operation of those provisions, but provides for an alternative constitutional basis (relying on paragraphs 51(xxi) and (xxii) of the Constitution), so those provisions can at least operate in relation to children of marriages even if they cannot also operate in relation to ex-nuptial children.

             (3)  The provisions mentioned in subsection (2) only have effect as mentioned in that subsection so far as they make provision with respect to the parental responsibility of the parties to a marriage for a child of the marriage, including (but not being limited to):

                     (a)  the duties, powers, responsibilities and authority of those parties in relation to:

                              (i)  the maintenance of the child and the payment of expenses in relation to the child; or

                             (ii)  whom the child lives with, whom the child spends time with and other aspects of the care, welfare and development of the child; and

                     (b)  other aspects of duties, powers, responsibilities and authority in relation to the child:

                              (i)  arising out of the marital relationship; or

                             (ii)  in relation to concurrent, pending or completed divorce or validity of marriage proceedings between those parties; or

                            (iii)  in relation to the divorce of the parties to that marriage, an annulment of that marriage or a legal separation of the parties to that marriage, that is effected in accordance with the law of an overseas jurisdiction and that is recognised as valid in Australia under section 104.

             (4)  By virtue of this subsection, Division 1, Subdivisions C, D and E of Division 6, section 69D, Subdivisions D and E of Division 12 and Divisions 13 and 14 and this Subdivision, have effect according to their tenor.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback