Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT REGULATION 2012 (NO. 4) (SLI NO 278 OF 2012)

 

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 278

 

Issued by Authority of the Attorney-General

 

Family Law Act 1975

 

 

Family Law Amendment Regulation 2012 (No. 4)

 

Subsection 125(1) of the Family Law Act 1975 provides that the Governor-General may make regulations, not inconsistent with that Act, prescribing matters required or permitted by the Family Law Act to be prescribed for carrying out or giving effect to that Act and, in particular, prescribing a range of matters including court fees to be payable in respect of proceedings under that Act.

Pursuant to subsection 125(1) of the Family Law Act, the Governor-General made the Family Law Regulations 1984 (the Principal Regulations) prescribing matters required or permitted by that Act to be prescribed including the court fees payable in respect of proceedings under the Family Law Act and making provision in relation to payment of those fees.

The purpose of the Family Law Amendment Regulation 2012 (No. 4) (the Regulation) is to repeal the provisions in the Principal Regulations making provision in relation to court fees.  This is a consequence of the making of the Family Law (Fees) Regulations 2012.

The Family Law (Fees) Regulation 2012 provides a single court fees regulation in family law applying to proceedings under the Family Law Act in the Family Court, the Federal Magistrates Court and other courts that exercise jurisdiction under that Act.

These measures are part of wider reforms to the federal courts announced in the 2012-13 Budget, including an increase to federal court fees to ensure there is a greater contribution by court users to the costs of running the courts and to provide further access to justice measures.   Changes to fees regulations for the federal courts are being made as part of the fees reform package.

The Family Court of Australia, the Federal Magistrates Court of Australia and the Family Court of Western Australia were consulted on the content of the Regulation.  The consultation involved exchange of correspondence and discussions.

 

The Office of Best Practice Regulation was consulted on the fees reform package and advised that no Regulation Impact Statement was required.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation commences on 1 January 2013.

 

 

Details of the Regulation are as follows:                                                       

 

Section 1 - Name of regulation

 

This section provides that the name of the Regulation is the Family Law Amendment Regulation 2012 (No. 4).

 

Section 2 - Commencement

 

This section provides that the Regulation commences on 1 January 2013.

 

Section 3 - Amendment of Family Law Regulations 1984

 

This section provides that the Principal Regulations are amended as set out in Schedule 1. 

 

Schedule 1 - Amendments

 

Schedule 1 amends the Principal Regulations to repeal the provisions which deal with court fees.  These provisions were set out in non-sequential provisions of the Principal Regulations.

 

Item [1] - Regulations 11 to 11C

 

This item amends the Principal Regulations to repeal regulations 11 to 11C which contain most of the provisions in the Principal Regulations which deal with court fees.

 

Item [2] - Regulations 16 and 16A

This item repeals regulations 16 and 16A of the Principal Regulations which relate to deferral of payment of fees and review by the Administrative Appeals Tribunal of decisions made by court officers relating to the payment of those fees.

 

Item [3] - Part IIAA

 

This item amends the Principal Regulations to repeal Part IIAA which relates to the automatic biennial increase of the court fees in line with the Consumer Price Index.

 

Item [4] - After regulation 82

 

This item inserts new regulation 83 into the Principal Regulations to provide that the Principal Regulations continue to apply to a fee for a service requested prior to 1 January 2013.  A refund of a setting-down fee under those continued provisions is only available if the fee was paid before 1 January 2013.

 

Item [5] - Schedule 1AA

 

This item amends the Principal Regulations by repealing Schedule 1AA which sets out the court fees payable under the Principal Regulations in respect of a proceeding under the Family Law Act.  

 

Item [6] - Further amendments - definitions

 

This item amends subregulation 3(1) of the Principal Regulations by repealing definitions of words which are only used in the provisions in the Principal Regulations dealing with court fees.

 

 


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