FAMILY LAW AMENDMENT (SHARED PARENTAL RESPONSIBILITY) ACT 2006 - SCHEDULE 9 Relocation of defined terms used in Part VII
FAMILY LAW AMENDMENT (SHARED PARENTAL RESPONSIBILITY) ACT 2006 - SCHEDULE 9
Relocation of defined terms used in Part VII2 Subsection 6(2)
Omit "of section 70F".
Child Support (Registration and Collection) Act 1988
4 Subsection 4(1) (definition of child of a marriage )
Omit "Part VII of".
5 Subsection 4(1) (definition of step - parent )
Omit "Part VII of".
6 Subsection 4(1)
Insert:
"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.
7 Subsection 4(1)
Insert:
"alleged contravention" , in Subdivision D of Division 6 of Part VII, means the alleged contravention because of which the alleged offender is arrested.
8 Subsection 4(1)
Insert:
"alleged offender" , in Subdivision D of Division 6 of Part VII, means the person who is arrested.
9 Subsection 4(1)
Insert:
"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.
10 Subsection 4(1)
Insert:
"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.
11 Subsection 4(1)
Insert:
"arresting person" means the person who arrests the alleged offender.
12 Subsection 4(1)
Insert:
"artificial conception procedure" includes:
(a) artificial insemination; and
(b) the implantation of an embryo in the body of a woman.
13 Subsection 4(1)
Insert:
"birth" includes stillbirth.
14 Subsection 4(1)
Insert:
"captain" , in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel.
15 Subsection 4(1)
Insert:
"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).
16 Subsection 4(1)
Insert:
"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.
18 Subsection 4(1)
Insert:
"child maintenance provisions" , in relation to a parenting plan, has the meaning given by subsection 63C(5).
19 Subsection 4(1)
Insert:
"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.
20 Subsection 4(1)
Insert:
"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.
21 Subsection 4(1)
Insert:
"child welfare provisions" , in relation to a parenting plan, has the meaning given by subsection 63C(4).
22 Subsection 4(1)
Insert:
"Commonwealth information order" has the meaning given by subsection 67J(2).
23 Subsection 4(1)
Insert:
"community service order" has the meaning given by subsection 70NFC(3).
24 Subsection 4(1)
Insert:
"contravened" an order, in Division 13A of Part VII, has the meaning given by section 70NAC.
25 Subsection 4(1)
Insert:
"de facto relationship" means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis although not legally married to each other.
26 Subsection 4(1)
Insert:
"Department" , in Subdivision C of Division 8 of Part VII, means a Department of State of the Commonwealth.
27 Subsection 4(1)
Insert:
"education" includes apprenticeship or vocational training.
28 Subsection 4(1)
Insert:
"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.
29 Subsection 4(1)
Insert:
"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.
30 Subsection 4(1)
Insert:
"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.
31 Subsection 4(1)
Insert:
"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.
32 Subsection 4(1)
Insert:
"interests" , when used in Part VII in relation to a child, includes matters related to the care, welfare or development of the child.
33 Subsection 4(1)
Insert:
"location order" has the meaning given by subsection 67J(1).
34 Subsection 4(1)
Insert:
"medical expenses" includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses.
35 Subsection 4(1)
Insert:
"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.
36 Subsection 4(1)
Insert:
"member of the family" , in relation to a person, has, for the purposes of the definition of step-parent , paragraphs 60CC(3)(j) and (k) and section 60CF, the meaning given by subsection (1AB) of this section.
37 Subsection 4(1)
Insert:
"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.
38 Subsection 4(1)
Insert:
"parent" , when used in Part VII in relation to a child who has been adopted, means an adoptive parent of the child.
39 Subsection 4(1)
Insert:
"parentage testing order" has the meaning given by subsection 69W(1).
40 Subsection 4(1)
Insert:
"parentage testing procedure" means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition.
41 Subsection 4(1)
Insert:
"parental responsibility" , in Part VII, has the meaning given by section 61B.
43 Subsection 4(1)
Insert:
"pending" , in Subdivision E of Division 6 of Part VII, has a meaning affected by section 65X.
44 Subsection 4(1)
"Insert:"
"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.
45 Subsection 4(1)
Insert:
"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.
46 Subsection 4(1)
Insert:
"primary order" means an order under this Act affecting children and includes such order as varied.
47 Subsection 4(1)
Insert:
"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.
48 Subsection 4(1)
Insert:
"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.
49 Subsection 4(1)
Insert:
"reasonable excuse for contravening" an order includes the meanings given by section 70NAE.
50 Subsection 4(1)
Insert:
"recovery order" has the meaning given by section 67Q.
51 Subsection 4(1) (definition of Registry Manager )
Repeal the definition, substitute:
"Registry Manager" :
(a) except in Subdivision C of Division 8 of Part VII and section 67Z, 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.
52 Subsection 4(1)
Insert:
"State" , in Subdivision B of Division 13 of Part VII, includes a Territory.
53 Subsection 4(1)
Insert:
"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 a parent of the child; and
(c) treats, or at any time during the marriage treated, the child as a member of the family formed with the parent.
54 After subsection 4(1)
Insert:
(1AB) For the purposes of:
(a) the definitions of family violence and step - parent in subsection (1); and
(b) paragraphs 60CC(3)(j) and (k ); and
(c) section 60CF;
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.
55 Section 60D
Repeal the section.
56 Subsection 65R(1)
Omit "(1)".
57 Subsection 65R(2)
Repeal the subsection.
58 Section 67H
Repeal the section.
59 Section 70B
Repeal the section.
60 Section 70F
Repeal the section.
61 Subsection 70L(1) (paragraph (b) of the definition of Australian child order )
Omit "as defined in section 70B".
62 Subsection 92(1A)
Omit "(within the meaning of Part VII)".
63 Paragraph 109A(1)(a)
Omit "(within the meaning of Division 13A of Part VII)".
64 Subsection 112AP(9) (definition of order under this Act )
Omit "within the meaning of Division 13A of Part VII".
65 Definitions
In this Part:
commencement means the commencement of this Schedule.
new Act means the Family Law Act 1975 as in force after commencement.
old Act means the Family Law Act 1975 as in force immediately before commencement.
66 Saving of regulations
Despite the repeal of a provision of the old Act specified in the following table, regulations that:
(a) were made for the purposes of that provision of the old Act; and
(b) were in force immediately before commencement;
continue to have effect on and after commencement as if those regulations had been made for the purposes of the corresponding provision of the new Act that is specified in the table in relation to that provision of the old Act:
Saving regulations made under provisions of old Act | ||
Item | Provision of old Act | Corresponding provision of new Act |
1 | definition of child welfare law in subsection 60D(1) | definition of child welfare law in subsection 4(1) |
2 | definition of child welfare officer in subsection 60D(1) | definition of child welfare officer in subsection 4(1) |
3 | definition of family violence order in subsection 60D(1) | definition of family violence order in subsection 4(1) |
4 | definition of parentage testing procedure in subsection 60D(1) | definition of parentage testing procedure in subsection 4(1) |
5 | paragraph (a) or (b) of the definition of prescribed child welfare authority in subsection 60D(1) | paragraph (a) or (b) of the definition of prescribed child welfare authority in subsection 4(1) |
6 | definition of principal officer in section 67H | definition of principal officer in subsection 4(1) |