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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family Law
Amendment Bill (No. 1) 1998
No. ,
1998
(Attorney-General)
A
Bill for an Act to amend the Family Law Act 1975
Contents
A Bill for an Act to amend the Family Law Act
1975
The Parliament of Australia enacts:
This Act may be cited as the Family Law Amendment Act (No. 1)
1998.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraphs 39(5)(d) and
(6)(d)
Omit “111A, 111B or 111C”, substitute “111A or
111B”.
2 At the end of subsection
40(8)
Add “or in relation to jurisdiction conferred on a federal court or a
court of a Territory, or invested in a court of a State, by regulations made for
the purposes of section 111C”.
3 At the end of Part X
Add:
This Part does not apply in relation to jurisdiction conferred on a
federal court or a court of a Territory, or invested in a court of a State, by
regulations made for the purposes of section 111C.
Note: Those regulations may provide for courts to have
jurisdiction in respect of appeals arising from matters dealt with by those
regulations: see subsection 111C(5).
4 At the end of section
111C
Add:
(3) The regulations may make such provision as is necessary to give effect
to any bilateral agreement or arrangement on the adoption of children made
between:
(a) Australia, or a State or Territory of Australia; and
(b) a prescribed overseas jurisdiction.
(4) Regulations made for the purposes of subsection (3) may, in
particular:
(a) provide for the recognition of adoptions made under a law of the
prescribed overseas jurisdiction; and
(b) provide that the regulations do not affect the operation of laws of a
State or Territory that relate to adoptions; and
(c) if a State or Territory has made such a bilateral agreement or
arrangement on behalf of other States or Territories—give effect to the
agreement or arrangement so far as it relates to all of those States or
Territories, or to such of them as the regulations specify.
(5) Regulations made for the purposes of this section may:
(a) confer jurisdiction on a federal court (other than the High Court) or
a court of a Territory; or
(b) invest a court of a State with federal jurisdiction.
Such jurisdiction is in addition to any other jurisdiction provided for
under this Act.
(6) Regulations made for the purposes of subsection (5) may make different
provision in respect of matters arising in relation to different States or
Territories. (This subsection does not, by implication, limit subsection 33(3A)
of the Acts Interpretation Act 1901.)
(7) Subsections (4), (5) and (6) of this section do not, by implication,
limit subsections (1) and (3) of this section.
(8) In this section, despite subsection 4(1), Territory
includes each external Territory.
Note: The heading to section 111C is replaced by the heading
“International agreements about adoption
etc.”.