Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 40

40. Section 84 of the Principal Act is amended-

         (a)  by omitting from paragraph (1) (a) ''this Part'' and
substituting ''this Act or under the regulations'';

   (b)  by inserting after sub-section (1) the following sub-section:

''(1A) Where-

   (a)  a provision of a maintenance agreement that has been registered under
        section 86 or approved by a court under section 87 requires a person
        to execute a deed or instrument; and

   (b)  that person has refused or neglected to comply with that provision of
        the maintenance agreement or, for any other reason, the court thinks
        it necessary to exercise the powers of the court under this
        sub-section,

the court may appoint an officer of the court or other person to execute the
deed or instrument in the name of the person required by that provision of the
maintenance agreement to execute the deed or instrument and to do all acts and
things necessary to give validity and operation to the deed or instrument.'';
and

   (c)  by omitting sub-section (2) and substituting the following
        sub-section:

''(2) The execution of a deed or instrument by a person appointed under this
section to execute that deed or instrument has the same force and validity as
if the deed or instrument had been executed by the person directed by an order
referred to in paragraph (1) (a), or required by a provision of a maintenance
agreement referred to in paragraph (1A) (a), to execute it.''.