Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1998 NO. 121

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 121

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) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Section 110 of the Act provides that the regulations may provide for the registration and enforcement in Australia of maintenance orders made by courts or authorities of "reciprocating jurisdictions" and for the transmission of maintenance orders made by Australian courts to courts or authorities of reciprocating jurisdictions for enforcement there. "Reciprocating jurisdiction" means a country, or a part of a country, outside Australia declared by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Regulation 25 of the Family Law Regulations provides that each of the jurisdictions specified in Schedule 2 to the regulations is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.

The purpose of the regulations is to add Brunei to the list of reciprocating jurisdictions in Schedule 2 of the Family Law Regulations, enabling the commencement of bilateral arrangements for the enforcement of maintenance orders between Australia and Brunei.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 amends Schedule 2 of the Family Law Regulations to insert "Brunei".

The regulations commenced on gazettal.


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