Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1998 NO. 222

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 222

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law Regulations (Amendment) 1998

Subsection 125(1) of the Family Law Act 1975 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 38A(4)(b) of the Act provides that the Chief Justice of the Family Court of Australia shall not enter into a contract exceeding $250,000, or such higher amount as is prescribed, without the approval of the Attorney-General.

The purpose of the Regulations is to increase to $1,000,000 the amount above which ministerial approval must be sought before contracts may be entered into by the Chief Justice of the Court.

The current contract limit of $250,000 has applied since the courts and tribunals were granted selfadministration in 1990. Since that time, there has been a significant change in money values and the Court has acquired considerable experience in managing its own affairs.

Details of the Regulations are as follows

Regulation 1 provides that the Regulations commence on gazettal.

Regulation 2 provides that the Family Law Regulations are amended as set out in the Regulations.

Regulation 3 inserts into the Family Law Regulations new regulation 9, which prescribes a higher amount of $1,000,000 for the purposes of paragraph 38A(4)(b) of the Act.


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