Commonwealth Numbered Acts

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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 123

Regulations.
123. (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.

(2) The regulations may make provision for or in relation to the practice and
procedure to be followed in the Family Court and in other courts exercising
jurisdiction under this Act, and for or in relation to all matters and things
incidental to any such practice or procedure, or necessary or convenient to be
prescribed for the conduct of any business in those courts.

(3) Without limiting the generality of sub-section (2), the regulations may
make provision for or in relation to-

   (a)  the attendance of witnesses;

   (b)  providing for the manner of service of process of the Family Court or
        another court exercising jurisdiction under this Act, and for
        dispensing with such service;

   (c)  the enforcement and execution of the judgments of the Family Court and
        other courts exercising jurisdiction under this Act;

   (d)  the time and manner of institution of appeals in and to the Family
        Court;

   (e)  the duties of officers of the Family Court;

   (f)  subject to the Constitution, authorizing an officer of the
        Family Court or of another court exercising jurisdiction under this
        Act to perform and exercise powers and functions, on behalf of the
        court or otherwise, in relation to proceedings instituted in the
        Family Court or proceedings under this Act, and enabling the Court
        concerned to review the decision of that officer in relation to the
        performance or exercise of any function or power;

   (g)  the seals and stamps to be used in the Family Court and in courts
        having jurisdiction under this Act;

   (h)  prescribing matters relating to the costs of proceedings and the
        assessment or taxation of those costs;

        (i)    authorizing a court to refer to an officer of the Court for
               investigation, report and recommendation claims or applications
               for or relating to any matters before the court;

   (j)  authorizing an officer making an investigation referred to in
        paragraph (i) to take evidence on oath or affirmation, and to obtain
        and receive in evidence a report from a welfare officer, and enabling
        the summoning of witnesses before an officer making such an
        investigation for the purpose of giving evidence or producing books
        and documents;

   (k)  regulating the procedure of a court upon receiving a report of an
        officer who has made an investigation referred to in paragraph (i);

   (l)  prescribing matters incidental to the matters specified in the
        preceding paragraphs of this section;

   (m)  prescribing penalties not exceeding $500 for offences against the
        regulations.
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