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FAMILY LAW ACT 1975 - SECT 4

Interpretation

             (1)  In this Act, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears:

"Aboriginal child " means a child who is a descendant of the Aboriginal people of Australia.

"Aboriginal or Torres Strait Islander culture " in relation to a child:

                     (a)  means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and

                     (b)  includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities.

"abuse " , in relation to a child, means:

                     (a)  an assault, including a sexual assault, of the child; or

                     (b)  a person (the first person ) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or

                     (c)  causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or

                     (d)  serious neglect of the child.

"Accreditation Rules " means regulations made under section 10A.

"administrative affairs " of the Family Court has a meaning affected by subsection 38A(1A).

"adopted " , in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children.

"alleged contravention " , in Subdivision D of Division 6 of Part VII, means the alleged contravention because of which the alleged offender is arrested.

"alleged offender " , in Subdivision D of Division 6 of Part VII, means the person who is arrested.

"appeal " includes an application for a re-hearing.

"Appeal Division " means the Appeal Division of the Family Court.

"applicable Rules of Court " :

                     (a)  in relation to the Federal Circuit Court of Australia--means the related Federal Circuit Court Rules; and

                     (b)  in relation to any other court--means the standard Rules of Court.

"applicant " includes a cross-applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross-petitioner.

"applied provisions " , when used in Division 13A of Part VII in relation to a community service order made under paragraph 70NFB(2)(a), means the provisions of the laws of a State or Territory (as modified by regulations made under subsection 70NFC(4)), that, because of regulations made under that subsection, apply in relation to the order.

"appropriate authority " , when used in Part VII in relation to a Commonwealth instrumentality, means a person:

                     (a)  who in, or in relation to, the instrumentality:

                              (i)  is an SES employee or acting SES employee; or

                             (ii)  holds an office or position that is at a level equivalent to that of an SES employee; or

                     (b)  who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders.

"arbitration " has the meaning given by section 10L.

"arbitrator " has the meaning given by section 10M.

"arresting person " means the person who arrests the alleged offender.

"artificial conception procedure " includes:

                     (a)  artificial insemination; and

                     (b)  the implantation of an embryo in the body of a woman.

"audio link " means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

"Australia " includes Norfolk Island.

"Australian court " means a federal court or a court of a State or Territory.

"bankruptcy trustee " , in relation to a bankrupt, means the trustee of the bankrupt's estate.

"birth " includes stillbirth.

"breakdown " :

                     (a)  in relation to a marriage, does not include a breakdown of the marriage by reason of death; and

                     (b)  in relation to a de facto relationship, does not include a breakdown of the relationship by reason of death.

"captain " , in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel.

"Chief Executive Officer " means the Chief Executive Officer of the Family Court.

Note:          The Chief Executive Officer is appointed under section 38C. A person is appointed to act as the Chief Executive Officer under section 38M.

"Chief Justice" means the Chief Justice of the Family Court, and includes the Deputy Chief Justice if the Deputy Chief Justice is for the time being performing the duties and exercising the powers of the Chief Justice.

"child " :

                     (a)  in Part VII, includes an adopted child and a stillborn child; and

                     (b)  in Subdivision E of Division 6 of that Part, means a person who is under 18 (including a person who is an adopted child).

"child " : Subdivision D of Division 1 of Part VII affects the situations in which a child is a child of a person or is a child of a marriage or other relationship.

Note:          In determining if a child is the child of a person within the meaning of this Act, it is to be assumed that Part VII extends to all States and Territories.

"childbirth maintenance period " , in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child's birth:

                     (a)  if the mother:

                              (i)  works in paid employment; and

                             (ii)  is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and

                            (iii)  stops working after being so advised and more than 2 months before the child is due to be born;

                            the period begins on the day on which she stops working; or

                     (b)  in any other case--the period begins on the day that is 2 months before the child is due to be born.

"child maintenance order " has the meaning given by subsection 64B(5).

"child maintenance provisions " , in relation to a parenting plan, has the meaning given by subsection 63C(5).

"child of a marriage " includes a child who is, under subsection 60F(1) or (2), a child of a marriage, but does not include a child who has, under subsection 60F(3), ceased to be a child of a marriage.

"child-related proceedings " has the meaning given by section 69ZM.

"child welfare law " means a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition.

"child welfare officer " , in relation to a State or Territory, means:

                     (a)  a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or

                     (b)  a person authorised in writing by such a person for the purposes of Part VII.

"child welfare provisions " , in relation to a parenting plan, has the meaning given by subsection 63C(4).

"Commonwealth information order " has the meaning given by subsection 67J(2).

"Commonwealth instrumentality " means a body or authority established for a public purpose by or under a law of the Commonwealth.

"community service order " has the meaning given by subsection 70NFC(3).

"complaint " means a complaint mentioned in paragraph 21B(1A)(c).

"complaint handler " means:

                     (a)  the Chief Justice; or

                     (b)  a person who is authorised by the Chief Justice under subsection 21B(3A); or

                     (c)  a person who is a member of a body that is authorised by the Chief Justice under subsection 21B(3A).

"contravened " an order, in Division 13A of Part VII, has the meaning given by section 70NAC.

"corporate services " of the Family Court has the meaning given by subsection 38A(1B).

"court " , in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act.

"CSC " (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"debtor subject to a personal insolvency agreement " has the meaning given by section 5.

"decree " means decree, judgment or order and includes:

                     (a)  an order dismissing an application; or

                     (b)  a refusal to make a decree or order.

de facto financial cause means:

                     (a)  proceedings between the parties to a de facto relationship with respect to the maintenance of one of them after the breakdown of their de facto relationship; or

                     (b)  proceedings between:

                              (i)  a party to a de facto relationship; and

                             (ii)  the bankruptcy trustee of a bankrupt party to the de facto relationship;

                            with respect to the maintenance of the first-mentioned party after the breakdown of the de facto relationship; or

                     (c)  proceedings between the parties to a de facto relationship with respect to the distribution, after the breakdown of the de facto relationship, of the property of the parties or either of them; or

                     (d)  proceedings between:

                              (i)  a party to a de facto relationship; and

                             (ii)  the bankruptcy trustee of a bankrupt party to the de facto relationship;

                            with respect to the distribution, after the breakdown of the de facto relationship, of any vested bankruptcy property in relation to the bankrupt party; or

                     (e)  without limiting any of the preceding paragraphs, proceedings with respect to a Part VIIIAB financial agreement that are between any combination of:

                              (i)  the parties to that agreement; and

                             (ii)  the legal personal representatives of any of those parties who have died;

                            (including a combination consisting solely of parties or consisting solely of representatives); or

                      (f)  third party proceedings (as defined in section 4B) to set aside a Part VIIIAB financial agreement; or

                     (g)  any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of the preceding paragraphs.

de facto property settlement or maintenance proceedings means proceedings with respect to:

                     (a)  the distribution of the property of the parties to a de facto relationship or of either of them; or

                     (b)  the distribution of the vested bankruptcy property in relation to a bankrupt party to a de facto relationship; or

                     (c)  the maintenance of a party to a de facto relationship.

de facto relationship has the meaning given by section 4AA.

"Department " , in Subdivision C of Division 8 of Part VII, means a Department of State of the Commonwealth.

"Deputy Chief Justice " means the Deputy Chief Justice of the Family Court.

"distribute " :

                     (a)  in relation to:

                              (i)  property, and financial resources, of the parties to a de facto relationship or either of them; or

                             (ii)  vested bankruptcy property in relation to a bankrupt party to a de facto relationship;

                            includes conferring rights or obligations in relation to the property or financial resources; and

                     (b)  in relation to a Part VIIIAB financial agreement, has a meaning affected by subsection 90UI(3).

"divorce " means the termination of a marriage otherwise than by the death of a party to the marriage.

Note:          Annulment does not involve the termination of a marriage but simply a declaration that a purported marriage is in fact void.

"divorce or validity of marriage proceedings " means:

                     (a)  proceedings between the parties to a marriage, or by the parties to a marriage, for:

                              (i)  a divorce order in relation to the marriage; or

                             (ii)  a decree of nullity of marriage; or

                     (b)  proceedings for a declaration as to the validity of:

                              (i)  a marriage; or

                             (ii)  a divorce; or

                            (iii)  the annulment of a marriage;

                            by decree or otherwise.

"education " includes apprenticeship or vocational training.

"excluded order " means:

                     (a)  an interim order; or

                     (b)  an order made in favour of a person where:

                              (i)  the order was made on the application of the person; and

                             (ii)  notice of making the application was not served on any other person; and

                            (iii)  no other person appeared at the hearing of the application.

"exposed " to family violence, in relation to a child, has the meaning given by subsection 4AB(3).

"family consultant " has the meaning given by section 11B.

"family counselling " has the meaning given by section 10B.

"family counsellor " has the meaning given by section 10C.

"family dispute resolution " has the meaning given by section 10F.

"family dispute resolution practitioner " has the meaning given by section 10G.

"Family Law Magistrate of Western Australia " means a person who holds office concurrently:

                     (a)  as a magistrate under the Magistrates Court Act 2004 of Western Australia; and

                     (b)  as the Principal Registrar, or as a Registrar, of the Family Court of Western Australia.

"family violence " has the meaning given by subsection 4AB(1).

"family violence order " means an order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence.

"Federal Circuit Court " means the Federal Circuit Court of Australia.

"Federal Circuit Court Chief Executive Officer " means the Chief Executive and Principal Registrar of the Federal Circuit Court of Australia.

"financial agreement " means an agreement that is a financial agreement under section 90B, 90C or 90D, but does not include an ante-nuptial or post-nuptial settlement to which section 85A applies.

"financial matters " means:

                     (a)  in relation to the parties to a marriage--matters with respect to:

                              (i)  the maintenance of one of the parties; or

                             (ii)  the property of those parties or of either of them; or

                            (iii)  the maintenance of children of the marriage; or

                     (b)  in relation to the parties to a de facto relationship--any or all of the following matters:

                              (i)  the maintenance of one of the parties;

                             (ii)  the distribution of the property of the parties or of either of them;

                            (iii)  the distribution of any other financial resources of the parties or of either of them.

financial or Part VII proceedings means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of matrimonial cause in this subsection or proceedings under Part VII.

"forfeiture application " means an application for a forfeiture order.

"forfeiture order " means:

                     (a)  a forfeiture order under the Proceeds of Crime Act 2002 ; or

                     (b)  an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a forfeiture order for the purposes of this paragraph.

"freezing order " means:

                     (a)  a freezing order under the Proceeds of Crime Act 2002 ; or

                     (b)  an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a freezing order for the purposes of this paragraph.

"Full Court " means:

                     (a)  3 or more Judges of the Family Court sitting together, where a majority of those Judges are members of the Appeal Division; or

                     (b)  in relation to particular proceedings:

                              (i)  3 or more Judges of the Family Court sitting together, where, at the commencement of the hearing of the proceedings, a majority of those Judges were members of the Appeal Division; or

                             (ii)  2 Judges of the Family Court sitting together, where those Judges are permitted, by subsection 28(4), to complete the hearing and determination, or the determination, of those proceedings.

"General Division " means the General Division of the Family Court.

"guardian " , when used in Part VII in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory.

"handle " a complaint means do one or more of the following acts relating to the complaint:

                     (a)  consider the complaint;

                     (b)  investigate the complaint;

                     (c)  report on an investigation of the complaint;

                     (d)  deal with a report of an investigation of the complaint;

                     (e)  dispose of the complaint;

                      (f)  refer the complaint to a person or body.

"income tested pension, allowance or benefit " means a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits prescribed, for the purposes of this definition.

"independent children's lawyer " for a child means a lawyer who represents the child's interests in proceedings under an appointment made under a court order under subsection 68L(2).

"information about the child's location " , in the context of a location order made or to be made by a court in relation to a child, means information about:

                     (a)  where the child is; or

                     (b)  where a person, who the court has reasonable cause to believe has the child, is.

"interests " , when used in Part VII in relation to a child, includes matters related to the care, welfare or development of the child.

"lawyer " means a person enrolled as a legal practitioner of:

                     (a)  a federal court; or

                     (b)  the Supreme Court of a State or Territory.

"location order " has the meaning given by subsection 67J(1).

"made " , in relation to a decree, being a judgment, means given.

"made in favour " , in relation to a parenting order (other than a child maintenance order), has the meaning given by subsection 64B(6).

"maintenance agreement " means an agreement in writing made, whether before or after the commencement of this Act and whether within or outside Australia, between the parties to a marriage, being an agreement that makes provision with respect to financial matters, whether or not there are other parties to the agreement and whether or not it also makes provision with respect to other matters, and includes such an agreement that varies an earlier maintenance agreement.

"major long-term issues " , in relation to a child, means issues about the care, welfare and development of the child of a long-term nature and includes (but is not limited to) issues of that nature about:

                     (a)  the child's education (both current and future); and

                     (b)  the child's religious and cultural upbringing; and

                     (c)  the child's health; and

                     (d)  the child's name; and

                     (e)  changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent.

To avoid doubt, a decision by a parent of a child to form a relationship with a new partner is not, of itself, a major long-term issue in relation to the child. However, the decision will involve a major long-term issue if, for example, the relationship with the new partner involves the parent moving to another area and the move will make it significantly more difficult for the child to spend time with the other parent.

"matrimonial cause " means:

                     (a)  proceedings between the parties to a marriage, or by the parties to a marriage, for:

                              (i)  a divorce order in relation to the marriage; or

                             (ii)  a decree of nullity of marriage; or

                     (b)  proceedings for a declaration as to the validity of:

                              (i)  a marriage; or

                             (ii)  a divorce; or

                            (iii)  the annulment of a marriage;

                            by decree or otherwise; or

                     (c)  proceedings between the parties to a marriage with respect to the maintenance of one of the parties to the marriage; or

                  (caa)  proceedings between:

                              (i)  a party to a marriage; and

                             (ii)  the bankruptcy trustee of a bankrupt party to the marriage;

                            with respect to the maintenance of the first-mentioned party; or

                    (ca)  proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them, being proceedings:

                              (i)  arising out of the marital relationship;

                             (ii)  in relation to concurrent, pending or completed divorce or validity of marriage proceedings between those parties; or

                            (iii)  in relation to the divorce of the parties to that marriage, the annulment of that marriage or the legal separation of the parties to that marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or

                   (cb)  proceedings between:

                              (i)  a party to a marriage; and

                             (ii)  the bankruptcy trustee of a bankrupt party to the marriage;

                            with respect to any vested bankruptcy property in relation to the bankrupt party, being proceedings:

                            (iii)  arising out of the marital relationship; or

                            (iv)  in relation to concurrent, pending or completed divorce or validity of marriage proceedings between the parties to the marriage; or

                             (v)  in relation to the divorce of the parties to the marriage, the annulment of the marriage or the legal separation of the parties to the marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or

                     (d)  proceedings between the parties to a marriage for the approval by a court of a maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement; or

                     (e)  proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship (other than proceedings under a law of a State or Territory prescribed for the purposes of section 114AB); or

                    (ea)  proceedings between:

                              (i)  the parties to a marriage; or

                             (ii)  if one of the parties to a marriage has died--the other party to the marriage and the legal personal representative of the deceased party to the marriage;

                            being proceedings:

                            (iii)  for the enforcement of, or otherwise in relation to, a maintenance agreement that has been approved under section 87 and the approval of which has not been revoked;

                            (iv)  in relation to a maintenance agreement the approval of which under section 87 has been revoked; or

                             (v)  with respect to the enforcement under this Act or the applicable Rules of Court of a maintenance agreement that is registered in a court under section 86 or an overseas maintenance agreement that is registered in a court under regulations made pursuant to section 89; or

                  (eaa)  without limiting any of the preceding paragraphs, proceedings with respect to a financial agreement that are between any combination of:

                              (i)  the parties to that agreement; and

                             (ii)  the legal personal representatives of any of those parties who have died;

                            (including a combination consisting solely of parties or consisting solely of representatives); or

                  (eab)  third party proceedings (as defined in section 4A) to set aside a financial agreement; or

                   (eb)  proceedings with respect to the enforcement of a decree made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or

                      (f)  any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (eb), including proceedings of such a kind pending at, or completed before, the commencement of this Act.

"medical expenses " includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses.

"medical practitioner " means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

"member of the family " has the meaning given by subsection (1AB).

Note:          The definition in subsection (1AB) applies for the purposes of the provisions specified in that subsection.

non-referring State de facto financial law means a law that:

                     (a)  is a law of a State that is not a participating jurisdiction; and

                     (b)  relates to financial matters relating to the parties to de facto relationships arising out of the breakdown of those de facto relationships.

"order under this Act affecting children " , in relation to a court, means:

                     (a)  a parenting order; or

                     (b)  an injunction granted by the court:

                              (i)  under section 68B; or

                             (ii)  under section 114 in so far as the injunction is for the protection of a child; or

                     (c)  an undertaking given to, and accepted by, the court:

                              (i)  that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or

                             (ii)  that relates to a bond referred to in paragraph (g); or

                     (d)  a subpoena issued under the applicable Rules of Court:

                              (i)  that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or

                             (ii)  that relates to a bond referred to in paragraph (g);

                            being a subpoena issued to a party to the proceedings for the order, injunction or bond, as the case may be; or

                     (e)  a registered parenting plan within the meaning of subsection 63C(6); or

                      (f)  a community service order made under paragraph 70NFB(2)(a); or

                     (g)  a bond entered into:

                              (i)  under a parenting order; or

                             (ii)  under paragraph 70NFB(2)(b); or

                            (iii)  for the purposes of subsection 70NFG(6);

                            and includes an order, injunction, plan or bond that:

                     (h)  is an order under this Act affecting children made by another court because of paragraph (a), (b), (e) or (g); and

                      (i)  has been registered in the first-mentioned court.

"ordinarily resident " includes habitually resident.

"overseas child order " means:

                     (a)  an order made by a court of a prescribed overseas jurisdiction that:

                              (i)  however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or

                             (ii)  however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or

                            (iii)  however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or

                            (iv)  varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or

                     (b)  an order made for the purposes of the Convention referred to in section 111B by a judicial or administrative authority of a convention country (within the meaning of the regulations made for the purposes of that section).

"overseas jurisdiction " means a country, or part of a country, outside Australia.

"overseas maintenance agreement " means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that jurisdiction and includes an agreement with respect to the maintenance of an ex-nuptial child that would be covered by the foregoing provisions of this definition if the child were a child of the marriage of the parties to the agreement.

"parent " , when used in Part VII in relation to a child who has been adopted, means an adoptive parent of the child.

"parentage testing order " has the meaning given by subsection 69W(1).

"parentage testing procedure " means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition.

"parental responsibility " , in Part VII, has the meaning given by section 61B.

"parenting order " has the meaning given by subsection 64B(1).

"parenting plan " has the meaning given by subsection 63C(1).

"participating jurisdiction " has the meaning given by subsection 90RA(1).

Part VIIIAB financial agreement means an agreement:

                     (a)  made under section 90UB, 90UC or 90UD; or

                     (b)  covered by section 90UE.

Part VIIIAB proceedings means:

                     (a)  proceedings under Part VIIIAB for orders with respect to:

                              (i)  the maintenance of a party to a de facto relationship; or

                             (ii)  the property of the parties to a de facto relationship or of either of them; or

                     (b)  proceedings in relation to a Part VIIIAB financial agreement;

but does not include any proceedings specified in the regulations for the purposes of this definition.

Part VIIIAB termination agreement means an agreement made under paragraph 90UL(1)(b).

Part VIIIA proceedings means proceedings in relation to a financial agreement.

Part VIIIB proceedings means:

                     (a)  proceedings in relation to a superannuation agreement (within the meaning of Part VIIIB); or

                     (b)  proceedings in relation to a payment split or payment flag (within the meaning of that Part); or

                     (c)  any other proceedings under that Part.

Part VIII proceedings means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not include any proceedings specified in the regulations for the purposes of this definition.

party to a de facto relationship means a person who lives or has lived in a de facto relationship.

"pending " , in Subdivision E of Division 6 of Part VII, has a meaning affected by section 65X.

"personal insolvency agreement " has the same meaning as in the Bankruptcy Act 1966 .

"police officer " means:

                     (a)  a member or special member of the Australian Federal Police; or

                     (b)  a member, however described, of the police force of a State or Territory.

"post-separation parenting program " means a program:

                     (a)  that is designed to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities (including by providing counselling services or by teaching techniques to resolve disputes); and

                     (b)  that consists of lectures, discussions (including group discussions) or other activities; and

                     (c)  that is provided by an organisation that meets the conditions in section 65LB.

"prescribed adopting parent " , in relation to a child, means:

                     (a)  a parent of the child; or

                     (b)  the spouse of, or a person in a de facto relationship with, a parent of the child; or

                     (c)  a parent of the child and either his or her spouse or a person in a de facto relationship with the parent.

"prescribed child welfare authority " , in relation to abuse of a child, means:

                     (a)  if the child is the subject of proceedings under Part VII in a State or Territory--an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or

                     (b)  if the child is not the subject of proceedings under Part VII--an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person.

"prescribed overseas jurisdiction " means any country, or part of a country, outside Australia that is declared by the regulations to be a prescribed overseas jurisdiction for the purposes of the provision in which the expression is used.

"prescribed proceedings " means:

                     (a)  divorce or validity of marriage proceedings; or

                     (b)  proceedings in relation to concurrent, pending or completed divorce or validity of marriage proceedings.

"primary order " means an order under this Act affecting children and includes such order as varied.

"principal officer " , when used in Subdivision C of Division 8 of Part VII in relation to a Commonwealth instrumentality, means:

                     (a)  if the regulations declare an office to be the principal office in respect of the instrumentality--the person holding, or performing the duties of, that office; or

                     (b)  the person who constitutes the instrumentality or who is entitled to preside at any meeting of the instrumentality, or of its governing body, at which the person is present.

"proceedings " means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connexion with a proceeding.

"proceedings for principal relief " means proceedings under this Act of a kind referred to in paragraph (a) or (b) of the definition of matrimonial cause in this subsection.

"proceeds of crime authority " has the meaning given by section 4C.

Note:          Section 4C provides for different proceeds of crime authorities in relation to orders under the Proceeds of Crime Act 2002 and State or Territory proceeds of crime laws.

"proceeds of crime order " means:

                    (aa)  a freezing order; or

                     (a)  a restraining order; or

                     (b)  a forfeiture order.

"professional ethics " includes:

                     (a)  rules of professional conduct; and

                     (b)  rules of professional etiquette; and

                     (c)  a code of ethics; and

                     (d)  standards of professional conduct.

"property " means:

                     (a)  in relation to the parties to a marriage or either of them--means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion; or

                     (b)  in relation to the parties to a de facto relationship or either of them--means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion.

"property settlement or spousal maintenance proceedings " means proceedings with respect to:

                     (a)  the property of the parties to a marriage or either of them; or

                    (aa)  the vested bankruptcy property in relation to a bankrupt party to a marriage; or

                     (b)  the maintenance of a party to a marriage.

"property settlement proceedings " means:

                     (a)  in relation to the parties to a marriage--proceedings with respect to:

                              (i)  the property of the parties or either of them; or

                             (ii)  the vested bankruptcy property in relation to a bankrupt party to the marriage; or

                     (b)  in relation to the parties to a de facto relationship--proceedings with respect to:

                              (i)  the property of the parties or either of them; or

                             (ii)  the vested bankruptcy property in relation to a bankrupt party to the de facto relationship.

"reasonable excuse for contravening " an order includes the meanings given by section 70NAE.

"recovery order " has the meaning given by section 67Q.

"referring State " has the meaning given by subsections 90RA(2), (3), (4) and (5).

"Registrar " means:

                     (a)  in relation to the Family Court -- the Principal Registrar, a Registrar, or a Deputy Registrar of the Court; and

                     (b)  in relation to a court other than the Family Court--the principal legal officer of the court or any other appropriate officer of the court.

"Registry Manager " :

                     (a)  except in Subdivision C of Division 8 of Part VII and sections 67Z and 67ZBA, means:

                              (i)  in relation to the Family Court--the Registry Manager of a Registry of the Court; and

                             (ii)  in relation to a court other than the Family Court--the principal officer of the court or any other appropriate officer of the court; and

                     (b)  in Subdivision C of Division 8 of Part VII, means:

                              (i)  in relation to the Family Court--the Registry Manager of the Registry of the Court; and

                             (ii)  in relation to the Family Court of Western Australia--the Principal Registrar, a Registrar or a Deputy Registrar, of the court; and

                            (iii)  in relation to any other court--the principal officer of the court.

"related Federal Circuit Court Rules " means the Rules of Court made under the Federal Circuit Court of Australia Act 1999 to the extent to which they relate to this Act.

"relative " of a child:

                     (a)  in Part VII, means:

                              (i)  a step-parent of the child; or

                             (ii)  a brother, sister, half-brother, half-sister, step-brother or step-sister of the child; or

                            (iii)  a grandparent of the child; or

                            (iv)  an uncle or aunt of the child; or

                             (v)  a nephew or niece of the child; or

                            (vi)  a cousin of the child; and

                     (b)  in subsection (1AB), has the meaning given by subsection (1AC).

"relevant belief " : a person has a relevant belief in relation to a complaint about a Judge if:

                     (a)  the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or

                     (b)  the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated:

                              (i)  adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or

                             (ii)  have the capacity to adversely affect, or have adversely affected, the reputation of the Court.

"relevant property or financial arbitration " has the meaning given by subsection 10L(2).

"repealed Act " means the Matrimonial Causes Act 1959 .

"restraining order " means:

                     (a)  a restraining order under the Proceeds of Crime Act 2002 ; or

                     (b)  an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a restraining order for the purposes of this paragraph.

section 13E arbitration has the meaning given by subsection 10L(2).

section 90RD declaration means a declaration under subsection 90RD(1).

section 106A proceedings means proceedings under section 106A.

"separation order " means a decree, not being a decree of dissolution or nullity of marriage or for a judicial separation, having the effect of relieving a party to a marriage from any obligation to cohabit with the other party to the marriage.

"split court " has the meaning given by subsection 27(2).

"spouse party " means:

                     (a)  in relation to a financial agreement--a party to the agreement who is a party to the contemplated marriage, marriage or former marriage to which the agreement relates; or

                    (aa)  in relation to a termination agreement referred to in paragraph 90J(1)(b)--a party covered by paragraph (a) of this definition in relation to the financial agreement concerned; or

                     (b)  in relation to a Part VIIIAB financial agreement--a party to the agreement who is a party to the contemplated de facto relationship, de facto relationship or former de facto relationship to which the agreement relates; or

                     (c)  in relation to a Part VIIIAB termination agreement--a party covered by paragraph (b) of this definition in relation to the Part VIIIAB financial agreement concerned.

"standard Rules of Court " means Rules of Court made under this Act.

"State " , in Subdivision B of Division 13 of Part VII, includes a Territory.

"State child order " means an order made under the law of a State:

                     (a)  that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or

                     (b)  that (however it is expressed) has the effect of providing for a person or persons to spend time with a child who is under 18; or

                     (c)  that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.

"State or Territory proceeds of crime law " means a law in force in a State or Territory that is declared by the regulations to be a law that corresponds to the Proceeds of Crime Act 2002 .

"step-parent " , in relation to a child, means a person who:

                     (a)  is not a parent of the child; and

                     (b)  is, or has been, married to or a de facto partner (within the meaning of section 60EA) of, a parent of the child; and

                     (c)  treats, or at any time while married to, or a de facto partner of, the parent treated, the child as a member of the family formed with the parent.

"Subdivision C parenting order " , when used in Division 13 of Part VII, means a parenting order to the extent to which it deals with:

                     (a)  whom a child is to live with; or

                     (b)  whom a child is to spend time with; or

                     (c)  who is to be responsible for a child's day-to-day care, welfare and development.

"Territory " includes:

                     (a)  Norfolk Island;

                     (b)  the Territory of Christmas Island;

                     (c)  the Territory of Cocos (Keeling) Islands;

but does not include any other external Territory.

"third party " , in relation to a financial agreement or Part VIIIAB financial agreement, means a party to the agreement who is not a spouse party.

"this Act " includes the regulations.

"Torres Strait Islander child " means a child who is a descendant of the Indigenous inhabitants of the Torres Strait Islands.

"trustee " , in relation to a personal insolvency agreement, has the same meaning as in the Bankruptcy Act 1966 .

"vested bankruptcy property " , in relation to a bankrupt, means property of the bankrupt that has vested in the bankruptcy trustee under the Bankruptcy Act 1966 . For this purpose, property has the same meaning as in the Bankruptcy Act 1966 .

"video link " means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places.

"warrant issued under a provision of this Act " includes a warrant issued under the standard Rules of Court or the related Federal Circuit Court Rules.

       (1AA)  A reference in this Act to a person or people involved in proceedings is a reference to:

                     (a)  any of the parties to the proceedings; and

                     (b)  any child whose interests are considered in, or affected by, the proceedings; and

                     (c)  any person whose conduct is having an effect on the proceedings.

       (1AB)  For the purposes of:

                     (a)  the definition of step-parent in subsection (1); and

                    (aa)  section 4AB; and

                     (b)  paragraphs 60CC(3)(j) and (k); and

                     (c)  sections 60CF, 60CH and 60CI;

a person (the first person ) is a member of the family of another person (the second person ) if:

                     (d)  the first person is or has been married to, or in a de facto relationship with, the second person; or

                     (e)  the first person is or has been a relative of the second person (as defined in subsection (1AC)); or

                      (f)  an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force:

                              (i)  a parenting order (other than a child maintenance order) that relates to a child who is either the first person or the second person and that is in favour of the other of those persons;

                             (ii)  an order providing for the first person or the second person to have custody or guardianship of, or a right of access to, the other of those persons; or

                     (g)  an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force:

                              (i)  an order determining that the first person or the second person is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons;

                             (ii)  an order providing for contact between the first person and the second person, or for the first person or the second person to have a right of access to the other of those persons; or

                     (h)  the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or

                      (i)  the first person is or has been a member of the family of a child of the second person.

       (1AC)  For the purposes of subsection (1AB), a relative of a person is:

                     (a)  a father, mother, grandfather, grandmother, step-father or step-mother of the person; or

                     (b)  a son, daughter, grandson, grand-daughter, step-son or step-daughter of the person; or

                     (c)  a brother, sister, half-brother, half-sister, step-brother or step-sister of the person; or

                     (d)  an uncle or aunt of the person; or

                     (e)  a nephew or niece of the person; or

                      (f)  a cousin of the person; or

                     (g)  if the person is or was married--in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person's spouse; or

                     (h)  if the person is or was in a de facto relationship with another person--in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other.

          (1A)  In this Act, the standard Rules of Court and the related Federal Circuit Court Rules:

                     (a)  a reference to the Family Court is a reference to the Family Court of Australia; and

                     (b)  a reference to a Family Court of a State is a reference to a court to which section 41 applies.

             (2)  A reference in this Act, the standard Rules of Court or the related Federal Circuit Court Rules to a party to a marriage includes a reference to a person who was a party to a marriage that has been:

                     (a)  terminated by divorce (in Australia or elsewhere); or

                     (b)  annulled (in Australia or elsewhere); or

                     (c)  terminated by the death of one party to the marriage.

          (2A)  A reference in this Act, the standard Rules of Court or the related Federal Circuit Court Rules to a party to a de facto relationship includes a reference to a person who was a party to a de facto relationship that has broken down.

             (3)  To avoid doubt, for all purposes:

                     (a)  jurisdiction under the standard Rules of Court is taken to be jurisdiction under this Act; and

                     (b)  jurisdiction under the related Federal Circuit Court Rules is taken to be jurisdiction under this Act; and

                     (c)  proceedings under the standard Rules of Court are taken to be proceedings under this Act; and

                     (d)  proceedings under the related Federal Circuit Court Rules are taken to be proceedings under this Act; and

                     (e)  an order (however described) made by a court under the standard Rules of Court is taken to be an order made by the court under this Act; and

                      (f)  an order (however described) made by a court under the related Federal Circuit Court Rules is taken to be an order made by the court under this Act.

             (4)  A reference in this Act to a person who has parental responsibility for a child is a reference to a person who:

                     (a)  has some or all of that responsibility solely; or

                     (b)  shares some or all of that responsibility with another person.

             (5)  A reference in this Act to a person who shares parental responsibility for a child with another person is a reference to a person who shares some or all of the parental responsibility for the child with that other person.



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