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This is a Bill, not an Act. For current law, see the Acts databases.


CHILD SUPPORT (COMMONWEALTH POWERS) BILL 2018

                  Western Australia


Child Support (Commonwealth Powers)
               Bill 2018

                      Contents

     Part 1 -- Preliminary
1.   Short title                                      2
2.   Commencement                                     2
3.   Terms used                                       2
     Part 2 -- Adoption and referral
4.   Adoption of the Commonwealth Child Support
     laws as in force immediately before
     commencement day                                 3
5.   Referral of maintenance of exnuptial children    3
6.   Termination of adoption and reference            4
     Part 3 -- Family Court Act 1997
          amended
7.   Act amended                                      5
8.   Section 5 amended                                5
     Part 4 -- Repeal
9.   Child Support (Adoption of Laws) Act 1990
     repealed                                         6
     Defined terms




                         79--1                        page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


      Child Support (Commonwealth Powers)
                     Bill 2018

                               A Bill for


An Act --
   •  to adopt, for the purposes of section 51(xxxvii) of the
      Constitution of the Commonwealth, certain laws of the
      Commonwealth insofar as those laws relate to the
      maintenance of exnuptial children; and
   •  to refer the matter of the maintenance of exnuptial children to
      the Parliament of the Commonwealth for the purposes of
      section 51(xxxvii) of the Constitution of the Commonwealth to
      the extent that the Commonwealth's legislative power does
      not otherwise extend to Western Australia; and
   •  to amend the Family Court Act 1997 and repeal the Child
      Support (Adoption of Laws) Act 1990; and
   •  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Child Support (Commonwealth Powers) Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Child Support (Commonwealth Powers) Act 2018.

4    2.       Commencement
5             This Act comes into operation on the day on which it receives
6             the Royal Assent.

7    3.       Terms used
8             In this Act --
9             adoption means the adoption under section 4(1);
10            commencement day means the day on which this Act comes
11            into operation under section 2;
12            Commonwealth Child Support laws means --
13              (a) the Child Support (Assessment) Act 1989
14                    (Commonwealth); and
15              (b) the Child Support (Registration and Collection)
16                    Act 1988 (Commonwealth); and
17              (c) any Commonwealth enactment that --
18                      (i) amends or otherwise affects the operation of the
19                           Child Support (Assessment) Act 1989
20                           (Commonwealth) or the Child Support
21                           (Registration and Collection) Act 1988
22                           (Commonwealth); and
23                     (ii) has not come into operation before
24                           commencement day;
25            Commonwealth enactment means a provision of a law of the
26            Commonwealth;
27            reference means the reference under section 5(1).




     page 2
                                 Child Support (Commonwealth Powers) Bill 2018
                                             Adoption and referral      Part 2

                                                                                  s. 4



1                     Part 2 -- Adoption and referral
2    4.         Adoption of the Commonwealth Child Support laws as in
3               force immediately before commencement day
4         (1)   The Commonwealth Child Support laws, in the form in which
5               they exist at the end of the day before commencement day, are
6               adopted within the meaning of section 51(xxxvii) of the
7               Constitution of the Commonwealth insofar as they relate to the
8               maintenance of exnuptial children.
9         (2)   Despite subsection (1), the adoption has effect for, and for no
10              longer than, the period --
11                (a) beginning on commencement day; and
12                (b) ending on the day fixed under section 6 as the day on
13                      which the adoption is to terminate.

14   5.         Referral of maintenance of exnuptial children
15        (1)   The matter of the maintenance of exnuptial children is referred
16              to the Parliament of the Commonwealth.
17        (2)   To avoid doubt, the matter referred includes the matter of
18              amending, or otherwise affecting the operation of, the
19              Commonwealth Child Support laws.
20        (3)   To avoid doubt, the matter referred does not include any matter
21              addressed in the Family Law Act 1975 (Commonwealth)
22              Part VII, including conferring jurisdiction on any of the
23              following courts under that Part --
24                (a) the Family Court of Australia created under the Family
25                     Law Act 1975 (Commonwealth) section 21;
26                (b) the Federal Circuit Court of Australia continued in
27                     existence under the Federal Circuit Court of Australia
28                     Act 1999 (Commonwealth) section 8;
29                (c) the Family Court of Western Australia.




                                                                             page 3
     Child Support (Commonwealth Powers) Bill 2018
     Part 2          Adoption and referral

     s. 6



1         (4)   The reference has effect only if and to the extent that the matter
2               is not included in the legislative powers of the Parliament of the
3               Commonwealth (otherwise than by a reference for the purposes
4               of section 51(xxxvii) of the Constitution of the
5               Commonwealth).
6         (5)   Despite any other provision of this section, the reference has
7               effect for, and for no longer than, the period --
8                 (a) beginning on the commencement day; and
9                 (b) ending on the day fixed under section 6 as the day on
10                      which the reference under this Act is to terminate.

11   6.         Termination of adoption and reference
12        (1)   The Governor may, at any time, by proclamation, fix a day (the
13              termination day) as the day on which the adoption and the
14              reference are to terminate.
15        (2)   The termination day must be no earlier than the first day after
16              the end of the period of 12 months beginning with the day on
17              which the proclamation is published in the Gazette.
18        (3)   The Governor may, by proclamation (a revoking proclamation),
19              revoke a proclamation made under subsection (1).
20        (4)   A revoking proclamation has effect only if published before the
21              termination day.
22        (5)   If a revoking proclamation has effect the revoked proclamation
23              is taken never to have been made for the purposes of
24              sections 4(2) and 5(5).
25        (6)   A revoking proclamation does not prevent the making of a
26              further proclamation under subsection (1).
27        (7)   A proclamation cannot be made under subsection (1) or (3)
28              unless a draft of the proclamation has first been approved by a
29              resolution passed by both Houses of the Parliament of the State.




     page 4
                                    Child Support (Commonwealth Powers) Bill 2018
                                      Family Court Act 1997 amended        Part 3

                                                                                     s. 7



1               Part 3 -- Family Court Act 1997 amended
2    7.         Act amended
3               This Part amends the Family Court Act 1997.

4    8.         Section 5 amended
5         (1)   In section 5(1) delete the definitions of:
6               Child Support (Assessment) Act
7               Child Support (Registration and Collection) Act
8         (2)   In section 5(1) insert in alphabetical order:
9

10                    Child Support (Assessment) Act means the Child
11                    Support (Assessment) Act 1989 (Commonwealth);
12                    Note for this definition:
13                           See the Child Support (Commonwealth Powers) Act 2018.
14                    Child Support (Registration and Collection) Act
15                    means the Child Support (Registration and Collection)
16                    Act 1988 (Commonwealth);
17                    Note for this definition:
18                           See the Child Support (Commonwealth Powers) Act 2018.
19




                                                                               page 5
    Child Support (Commonwealth Powers) Bill 2018
    Part 4          Repeal

    s. 9



1                            Part 4 -- Repeal
2   9.       Child Support (Adoption of Laws) Act 1990 repealed
3            The Child Support (Adoption of Laws) Act 1990 is repealed.

4




    page 6
                                   Child Support (Commonwealth Powers) Bill 2018



                                                                                                   Defined terms



                                        Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                           Provision(s)
adoption ................................................................................................................ 3
commencement day .............................................................................................. 3
Commonwealth Child Support laws ..................................................................... 3
Commonwealth enactment.................................................................................... 3
reference ............................................................................................................... 3
revoking proclamation ..................................................................................... 6(3)
termination day ................................................................................................ 6(1)




                                                                                                               page 7

 


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