Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


FAMILY LAW REGULATIONS (AMENDMENT) 1995 NO. 400

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 400

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law Regulations (Amendment)

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

Section 110 of the Act provides that the regulations may make provision for registration and enforcement in Australia of maintenance orders made by courts or authorities in 'reciprocating jurisdictions' and for transmitting maintenance orders made by Australian courts to courts or authorities in reciprocating jurisdictions for registration and enforcement there.

Section 111 of the Act provides that the regulations may make provision for the performance of Australia's obligations under the United Nations Convention. on the Recovery Abroad of Maintenance (the Convention).

Proposed Regulation 2 would change existing regulation 48 so that the regulations allowing for the recovery of maintenance under the Convention will operate as soon as a country becomes a party to the Convention as well as when the list in Schedule 4 is changed.

Proposed Regulation 3 would add the Czech Republic to the list of reciprocating jurisdictions enabling the commencement of bilateral arrangements for the enforcement of maintenance between our two countries.

Proposed Regulation 4 would change the list of Convention counties in Schedule 4 of. the Family Law Regulations to reflect political changes and the fact that a number of countries have recently become party to the Convention.

The proposed Regulations would commence on the day of Gazettal.


[Index] [Related Items] [Search] [Download] [Help]