"Registry Manager" means:

(a)

in relation to the Family Court—the Registry Manager of a Registry of the Court; and

(b)

in relation to a court other than the Family Court—the principal officer of the court or any other appropriate officer of the court.

Add "or".

Insert:

(e)

a proceeds of crime order has been made covering property of the parties to the marriage or either of them, or a proceeds of crime order has been made against a party to the marriage;

Insert:

(1)

If:

(a)

a person makes an application for an order, under this Part, with respect to:

(i)

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

(ii)

the maintenance of a party to a marriage; and

(b)

the person knows that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(ii)

a forfeiture application;

the person must:

(c)

disclose in the application the proceeds of crime order or forfeiture application; and

(d)

give to the court a sealed copy of that order or application.

(2)

A person who does not comply with subsection (1) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

(3)

If:

(a)

a person is a party to property settlement or spousal maintenance proceedings under this Part; and

(b)

the person is notified by the DPP that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(iii)

a forfeiture application;

the person must notify the Registry Manager in writing of the proceeds of crime order or forfeiture application.

(4)

A person who does not comply with subsection (3) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

(1)

A court in which property settlement or spousal maintenance proceedings are pending must stay those proceedings if notified under section 79B in relation to the proceedings.

(1A)

The court may, before staying proceedings under subsection (1), invite or require the DPP to make submissions relating to staying the proceedings.

(2)

A court must, on the application of the DPP, stay property settlement or spousal maintenance proceedings under this Part if the property of the parties to the marriage or either of them is covered by:

(a)

a proceeds of crime order; or

(b)

a forfeiture application.

(3)

A court must notify the DPP if the court stays property settlement or spousal maintenance proceedings under subsection (1) or (2).

(4)

The DPP must notify the Registry Manager if:

(a)

a proceeds of crime order ceases to be in force; or

(b)

a forfeiture application is finally determined.

(5)

For the purposes of subsection (4), a forfeiture application is taken to be finally determined when:

(a)

the application is withdrawn; or

(b)

if the application is successful—the resulting forfeiture order comes into force; or

(c)

if the application is unsuccessful—the time within which an appeal can be made has expired and any appeals have been finally determined or otherwise disposed of.

(1)

A court that stayed the property settlement or spousal maintenance proceedings under section 79C must wholly or partially lift the stay if:

(a)

either party to the proceedings makes an application for the stay to be lifted and the DPP consents to such an application; or

(b)

the DPP makes an application for the stay to be lifted.

(2)

A court that stayed the property settlement or spousal maintenance proceedings under section 79C may, on its own motion, wholly or partially lift the stay if the DPP consents to such a motion.

(3)

Giving the Registry Manager written notice of the DPP's consent under this section is taken to be the giving of that consent, unless the court requires the DPP to appear in the proceedings. The notice may be given by the DPP or by a party to the proceedings.

(1)

The DPP may intervene in any property settlement or spousal maintenance proceedings in relation to which a court is notified under section 79B, or in any proceedings under section 79C or 79D in which the DPP is not already a party.

(2)

If the DPP intervenes, the DPP is taken to be a party to the proceedings with all the rights, duties and liabilities of a party.

Add:

(1)

If:

(a)

a person makes an application for an order, under this Part, with respect to:

(i)

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

(ii)

the maintenance of a party to a marriage; and

(b)

the person knows that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(ii)

a forfeiture application;

the person must:

(c)

disclose in the application the proceeds of crime order or forfeiture application; and

(d)

give to the court a sealed copy of that order or application.

(2)

A person who does not comply with subsection (1) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

(3)

If:

(a)

a person is a party to property settlement or spousal maintenance proceedings under this Part; and

(b)

the person is notified by the DPP that the property of the parties to the marriage or either of them is covered by:

(i)

a proceeds of crime order; or

(iii)

a forfeiture application;

the person must notify the Registry Manager in writing of the proceeds of crime order or forfeiture application.

(4)

A person who does not comply with subsection (3) commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

(1)

A court in which property settlement or spousal maintenance proceedings are pending must stay those proceedings if notified under section 90M in relation to the proceedings.

(1A)

The court may, before staying proceedings under subsection (1), invite or require the DPP to make submissions relating to staying the proceedings.

(2)

A court must, on the application of the DPP, stay property settlement or spousal maintenance proceedings under this Part if the property of the parties to the marriage or either of them is covered by:

(a)

a proceeds of crime order; or

(b)

a forfeiture application.

(3)

A court must notify the DPP if the court stays property settlement or spousal maintenance proceedings under subsection (1) or (2).

(4)

The DPP must notify the Registry Manager if:

(a)

a proceeds of crime order ceases to be in force; or

(b)

a forfeiture application is finally determined.

(5)

For the purposes of subsection (4), a forfeiture application is taken to be finally determined when:

(a)

the application is withdrawn; or

(b)

if the application is successful—the resulting forfeiture order comes into force; or

(c)

if the application is unsuccessful—the time within which an appeal can be made has expired and any appeals have been finally determined or otherwise disposed of.

(1)

A court that stayed the property settlement or spousal maintenance proceedings under section 90N must wholly or partially lift the stay if:

(a)

either party to the proceedings makes an application for the stay to be lifted and the DPP consents to such an application; or

(b)

the DPP makes an application for the stay to be lifted.

(2)

A court that stayed the property settlement or spousal maintenance proceedings under section 90N may, on its own motion, wholly or partially lift the stay if the DPP consents to such a motion.

(3)

Giving the Registry Manager written notice of the DPP's consent under this section is taken to be the giving of that consent, unless the court requires the DPP to appear in the proceedings. The notice may be given by the DPP or by a party to the proceedings.

(1)

The DPP may intervene in any property settlement or spousal maintenance proceedings in relation to which a court is notified under section 90M, or in any proceedings under section 90N or 90P in which the DPP is not already a party.

(2)

If the DPP intervenes, the DPP is taken to be a party to the proceedings with all the rights, duties and liabilities of a party.

Family Law Legislation Amendment (Superannuation) Act 2001

Omit "paragraph 79A(1)(a), (b), (c) or (d)", substitute "paragraph 79A(1)(a), (b), (c), (d) or (e)".