that is prescribed by the regulations to be a reciprocating jurisdiction for
the purposes of this section.
Child Support (Registration and Collection) Act 1988
3 At the end of
subsection 3(1)
Add:
; and (c) that Australia is in a position to give effect to its obligations
under international agreements or arrangements relating to maintenance
obligations arising from family relationship, parentage or marriage.
4 After section 124
Insert: 124A Regulations in relation to overseas-related
maintenance obligations etc.
- (1)
- The regulations may make provision for, and
in relation to, the following matters:
- (a)
- giving effect to an international agreement that relates to maintenance
obligations arising from family relationship, parentage or marriage;
- (b)
- maintenance obligations arising from family relationship, parentage or
marriage, where:
- (i)
- the maintenance is claimed by or on behalf of a person who is in a
reciprocating jurisdiction; or
- (ii)
- the person from whom the maintenance is claimed is in a reciprocating
jurisdiction.
- (2)
- 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.
- (3)
- Regulations made for the purposes of this section:
- (a)
- may be inconsistent with this Act; and
- (b)
- prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
- (4)
- In this section:
international agreement means an agreement whose parties are:
- (a)
- Australia and a foreign country; or
- (b)
- Australia and 2 or more foreign countries.
reciprocating jurisdiction means:
- (a)
- a foreign country; or
- (b)
- a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction for
the purposes of this section.
Family Law Act 1975
5 After section 124
Insert: 124A Regulations in
relation to overseas-related maintenance obligations etc.
- (1)
- The
regulations may make provision for, and in relation to, the following matters:
- (a)
- giving effect to an international agreement that relates to maintenance
obligations arising from family relationship, parentage or marriage;
- (b)
- maintenance obligations arising from family relationship, parentage or
marriage, where:
- (i)
- the maintenance is claimed by or on behalf of a person who is in a
reciprocating jurisdiction; or
- (ii)
- the person from whom the maintenance is claimed is in a reciprocating
jurisdiction.
- (2)
- 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.
- (3)
- Regulations made for the purposes of this section:
- (a)
- may be inconsistent with this Act; and
- (b)
- prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
- (4)
- In this section:
international agreement means an agreement whose parties are:
- (a)
- Australia and a foreign country; or
- (b)
- Australia and 2 or more foreign countries.
reciprocating jurisdiction means:
- (a)
- a foreign country; or
- (b)
- a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction for
the purposes of this section.
(28/00)
[ Minister's second reading speech made in—
House of
Representatives on 9 March 2000
Senate on 5 April 2000 ]
Commonwealth Numbered Acts