Western Australian Current Acts

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245 .         Regulations

        (1)         The Governor may make regulations, not inconsistent with this Act or the Family Law Act, prescribing all matters that are required or permitted by this Act to be prescribed by regulations or are necessary or convenient to be prescribed by regulations for giving effect to the purposes of this Act.

        (2)         Without limiting the generality of subsection (1) the regulations may make provision for or in relation to —

            (a)         the establishment of registries of the Court; and

            (b)         court fees to be payable in respect of —

                  (i)         proceedings under this Act; or

                  (ii)         services provided by the Court in circumstances other than where a court orders or directs the provision of the services;


            (ba)         the requirements to be complied with by a person who is, or wishes to become, an arbitrator under section 57; and

            (bb)         anything in respect of which rules may be made under section 244(3)(t), (u), (v), (va), (w), (x), (y), (ya) or (z); and

            (c)         the manner of authorising persons to act as family dispute resolution practitioners under section 52, and the matters to be taken into account when doing so; and

            (d)         the manner of authorising persons to act as family consultants under section 61, and the matters to be taken into account when doing so; and

            (e)         the registration of awards made in section 65M arbitration and relevant property or financial arbitration; and

            (f)         authorising any justice of the peace, any member of the Police Force, the Court or any court of summary jurisdiction exercising federal jurisdiction or the Magistrates Court exercising non-federal jurisdictions under this Act, to grant bail; and

            (g)         the transcription of proceedings under this Act and the making available of copies of transcripts of those proceedings; and

            (h)         matters incidental to the matters specified in this section.

        (3)         Regulations made under this Act may, for the purposes of this Act, adopt or apply any regulation for the time being in force under the Family Law Act .

        (4)         Regulations made under this Act may provide that contravention of a regulation or a provision of a regulation constitutes an offence and, subject to subsection (5), provide for penalties not exceeding $5 500.

        (5)         A penalty provided for contravention of a regulation made for the purposes of subsection (2)(d) is not to exceed $1 100.

        (6)         To the extent of any inconsistency between regulations made under this Act and rules made under this Act, the regulations prevail.

        [Section 245 amended: No. 25 of 2002 s. 51, 73 and 75; No. 59 of 2004 s. 95; No. 35 of 2006 s. 126.]

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