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FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SCHEDULE 1

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SCHEDULE 1

                             SCHEDULE 1                  Section 59

TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF
PART II OF THE FAMILY LAW ACT 1975 AND TO THE AMENDMENTS
OF PARTS III AND IIIA OF THAT ACT Interpretation 1. In this Schedule:

"amended Act" means the Family Law Act 1975 as in force after the Part II
commencement;

"old Act" means the Family Law Act 1975 as in force immediately before the
Part II commencement;

"Part II commencement" means the commencement of section 5 of this Act.
Treatment of approved marriage counselling organisations and approved
mediators 2.(1) An approval given, or deemed to have been given, under section
12 of the old Act that was in force immediately before the Part II
commencement has effect after that commencement as if:

   (a)  it were an approval of the organisation concerned as a counselling
        organisation under section 13A of the amended Act; and

   (b)  any conditions to which the approval was subject immediately before
        the Part II commencement were specified in an instrument of approval
        in relation to the organisation under section 13A of the amended Act.

(2) An approval given under regulations made for the purposes of the
definition of "approved mediator" in subsection 4(1) of the old Act that was
in force immediately before the Part II commencement has effect after that
commencement as if it were an approval under regulations made for the purposes
of paragraph (a) of the definition of "family and child mediator" in
subsection 4(1) of the amended Act. Treatment of applications for approval as
marriage counselling organisation or approved mediator 3.(1) An application
for approval under section 12 of the old Act that has not been decided by the
Part II commencement has effect after that commencement as if it were an
application for approval of the organisation concerned as a counselling
organisation under section 13A of the amended Act.

(2) An application for approval under regulations made for the purposes of the
definition of "approved mediator" in subsection 4(1) of the old Act that has
not been decided by the Part II commencement has effect after that
commencement as if it were an application for approval under regulations made
for the purposes of paragraph (a) of the definition of "family and child
mediator" in subsection 4(1) of the amended Act. Treatment of appropriations
and grants 4.(1) An appropriation of money for the purposes of Part II of the
old Act has effect, after the Part II commencement, as if it were for the
purposes of Part II of the amended Act.

(2) A grant under section 11 of the old Act has effect, after the Part II
commencement, as if it were a grant under section 13H of the amended Act.
Other matters 5.(1) An adjournment of proceedings under paragraph 14(2)(a) of
the old Act that has not ended by the Part II commencement continues after
that commencement as if it were an adjournment under paragraph 14C(2)(a) of
the amended Act.

(2) Sections 18 and 19C of the old Act continue to apply, despite their
repeal, to things said and admissions made before the Part II commencement.

(3) An oath or affirmation made, or deemed to have been made, under section 19
or 19K of the old Act has effect after the Part II commencement as if it were
made under that section of the amended Act.

(4) An obligation under section 19A or 19B of the old Act to arrange for
an approved mediator to mediate a dispute has effect after the Part II
commencement as if it were an obligation under that section of the amended Act
to arrange for a court mediator to mediate the dispute.