Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT REGULATIONS 2000 (NO. 4) 2000 NO. 254

Statutory Rules 2000 No. 254

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law Amendment Regulations 2000 (No. 4)

Section 125 of the Family Law Act 1975 (the Act) provides that the Governor General may make Regulations, not inconsistent with the Act, that are required or convenient for giving effect to the Act.

Section 110 of the Family Law Act 1975 (the Act) provides that regulations may be made for, or in relation to, the registration and enforcement of overseas maintenance orders, and the variation, discharge, suspension or revival of registered orders.

The Family Law Regulations provide that a court exercising jurisdiction under the Act may vary a registered maintenance order made in a reciprocating country. Where the law of the reciprocating country provides that the variation must be confirmed by a court in that country, the variation by the Australian court is provisional and has no effect until a court in the reciprocating country does confirm the variation. Where the law in a reciprocating country makes no provision for confirmation of variations, the variation by the Australian court is final and has effect immediately.

The purpose of the Regulations is to revise the list in the Family Law Regulations of reciprocating countries which have laws providing for confirmation of variations to overseas maintenance orders by adding some countries and deleting others.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

FAMILY LAW AMENDMENT REGULATIONS 2000 (NO. 4)

Regulation 1

Regulation 1 provides that these Regulations are the Family Law Amendment Regulations 2000 (No. 4).

Regulation 2

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3

Regulation 3 provides that Schedule 1 in the Regulations amends the Family Law Regulations 1984.

Schedule 1

Item 1

Item 1 substitutes sub-regulation 38(1) of the Family Law Regulations. Subregulation 3 8 (1) provides that an order made by an Australian court, which varies revives, suspends or discharges a registered overseas maintenance liability from a reciprocating jurisdiction, is provisional if the liability is from a jurisdiction which is listed in that sub-regulation. Item 1 substitutes sub-regulation 38(1) in order to provide a revised list of relevant reciprocating jurisdictions.