Australian Capital Territory Consolidated Acts

FAMILY PROVISION ACT 1969 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     person

              •     Supreme Court.

"administration" means probate, granted in the ACT, of the will of a deceased person or letters of administration, granted in the ACT, of the estate of a deceased person, whether with or without a will annexed, and whether granted for general, special or limited purposes, and includes an order to collect and administer the estate of a deceased person granted to the public trustee.

"administrator", in relation to the estate of a deceased person, means a person to whom administration has been granted in respect of the deceased person.

"deceased person" includes a person in respect of whose estate there has been made a grant of administration expressed to be made on presumption of the death of the person.

"intestate"—see the Administration and Probate Act 1929, section 44 (1).

"will" includes a codicil.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Family Provision Ordinance 1969 No 41 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Family Provision Act 1969 No 15

notified 14 August 1969

commenced 1 September 1969 (Cwlth Gaz 1969)

as amended by

Ordinances Revision Ordinance 1978 No 46 sch 2

notified 28 December 1978

commenced 28 December 1978

Family Provision (Amendment) Ordinance 1981 No 38

notified 30 October 1981

commenced 30 October 1981

Public Trustee (Miscellaneous Amendments) Ordinance 1985 No 9 sch 2

notified 8 March 1985

commenced 28 October 1985 (Cwlth Gaz 1985 No G42)

Family Provision (Amendment) Ordinance 1989 No 18

notified 22 March 1989

commenced 24 March 1989 (Cwlth Gaz 1989 No S101)

    Legislation after becoming Territory enactment

Family Provision (Amendment) Act 1996 No 16

notified 1 May 1996 (Gaz 1996 No S71)

commenced 1 May 1996 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 141

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 141 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.7

notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.7 commenced 22 March 2004 (s 2 and CN2004-4)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.14

notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.14 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.43

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.43 commenced 12 April 2007 (s 2 (1))

Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.12

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.12 commenced 19 May 2008 (s 2 and CN2008-8)

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.234

Dictionary
s 2     om 2001 No 44 amdt 1.1619
    ins A2007-3 amdt 3.236

Notes
s 3     om 1978 No 46 sch 2
    ins A2007-3 amdt 3.236

Sealing of probate etc granted outside ACT
s 4     defs reloc to dict A2007-3 amdt 3.235
    sub A2007-3 amdt 3.236
    def court ins 1996 No 16 sch
    om R3 LA
    def domestic partner ins 1996 No 16 s 5
    om A2004-2 amdt 1.24
    def domestic relationship ins 1996 No 16 s 5
    om A2004-2 amdt 1.24
    def eligible partner ins 1996 No 16 s 5
    om A2004-2 amdt 1.24
    def legal spouse ins 1996 No 16 s 5
    om A2004-2 amdt 1.24
    def spouse ins 1996 No 16 s 5
    om A2004-2 amdt 1.24
    def the court om 1996 No 16 sch

Application of Act
s 5     am 1981 No 38 sch; 1996 No 16 sch
    om A2007-3 amdt 3.237

Transitional provisions
s 6     am 1981 No 38 sch; 1996 No 16 sch
    om A2007-3 amdt 3.237

Eligibility
s 7     am 1981 No 38 s 4, sch; 1989 No 18 s 4; 1996 No 16 s 6; A2004-2 amdts 1.25-1.27; A2006-22 amdts 1.60-1.63 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007-3 amdt 3.238; A2008-14 amdt 1.35

Family provision orders
s 8     am 1981 No 38 s 5; 1996 No 16 s 7; A2006-22 amdt 1.64 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Time for making application under s 8 (1)
s 9     am 1981 No 38 s 6; 1996 No 16 sch

Variation, suspension and discharge of orders
s 9A     ins 1981 No 38 s 7
    am 1996 No 16 sch; A2007-3 amdt 3.239

Service of application for order under s 8 or s 9A
s 10     am 1981 No 38 s 8

Form of order and burden of provision
s 11     am 1981 No 38 s 9

Class fund
s 12     am 1981 No 38 s 10; 1996 No 16 sch

Property subject to power of appointment
s 13     am 1981 No 38 s 11; 1996 No 16 sch

Presumption of death
s 14     am 1981 No 38 s 12; 1996 No 16 sch

Exoneration of part of estate from provision
s 15     am 1981 No 38 s 13

Operation of order for provision out of estate of deceased person
s 16     am 1981 No 38 s 14, sch; 1996 No 16 sch

Discharge, variation etc of order
s 17     om 1981 No 38 s 15

Certified copy of order
s 18     am 1981 No 38 s 16

Property available for provision
s 20     sub 1981 No 38 s 17

Protection of administrator
s 21     am 1981 No 38 s 18, sch; 1996 No 16 sch

Relevance of testator's reasons
s 22     am 1981 No 38 s 19; 1996 No 16 sch

Dictionary
dict     ins A2007-3 amdt 3.240
    def administration am 1985 No 9 sch 2; 1996 No 16 sch
    reloc from s 4 A2007-3 amdt 3.235
    def administrator reloc from s 4 A2007-3 amdt 3.235
    def deceased person reloc from s 4 A2007-3 amdt 3.235
    def intestate am 1981 No 38 s 3, sch
    reloc from s 4 A2007-3 amdt 3.235
    def will reloc from s 4 A2007-3 amdt 3.235

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1989 No 18	31 July 1991
2	Act 1996 No 16	31 January 1998
3	A2001-44	4 April 2002
4	A2004-2	22 March 2004
5	A2007-3	12 April 2007

© Australian Capital Territory 2008

Australian Capital Territory

A1969-15

Republication No 6

Effective: 19 May 2008

Republication date: 19 May 2008

Last amendment made by A2008-14





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Family Provision Act 1969 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 19 May 2008.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Family Provision Act 1969

Endnotes

Australian Capital Territory

Family Provision Act 1969