Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1997 No. 34 of 1997 - SCHEDULE 7

Schedule 7-Amendment of the Family Law Act 1975 1 Paragraph 39(5)(d)
Omit "or 111B", substitute ", 111B or 111C". 2 Paragraph 39(6)(d)
Omit "or 111B", substitute ", 111B or 111C". 3 At the end of subsection 63C(2)
Add: Note: If the Child Support (Assessment) Act 1989 applies, provisions in a
parenting plan dealing with the maintenance of a child (as distinct from child
support under that Act) are unenforceable and of no effect (see subsection
63G(5)). A parenting plan may, however, also operate as a child support
agreement (see section 63CAA). 4 At the end of subsection 63C(3)
Add: Note: One of the other matters with which a parenting plan may deal is
child support (see section 63CAA). 5 After section 63C
Insert: 63CAA Parenting plans may include child support provisions

(1) If a parenting plan includes provisions of a kind referred to in
subsection 84(1) of the Child Support (Assessment) Act 1989, the provisions do
not have effect for the purposes of this Act.

(2) Subsection (1) does not affect the operation of the provisions for any
other purpose.

(3) Nothing in this Division is to be taken to prevent the same agreement
being both a parenting plan under this Part and a child support agreement
under Part 6 of the Child Support (Assessment) Act  1989. 6 At the end of
subsection 63G(5)
Add: Note: This subsection does not affect the operation of provisions of a
parenting plan referred to in section 63CAA (child support matters). 7
Subsection 66M(1)
Repeal the subsection, substitute:

(1) As stated in section 66D, a step-parent of a child has a duty of
maintaining a child if, and only if, there is an order in force under this
section. 8 Paragraph 69N(1)(a)
After "order", insert "(other than a child maintenance order)". 9 Subsection
110(1) (paragraph (e) of the definition of maintenance order)
Omit "66Z", substitute "67D". 10 Subsections 112AD(3), (4) and (5)
After "subsection (1)", insert "or (1A)". 11 At the end of paragraphs
123(1)(a) and (b) and paragraphs 123(1)(c) to (sf)
Add "and". 12 After paragraph 123(1)(b)
Insert:

   (ba) providing for and in relation to trial management; and 13 After
        paragraph 123(1)(sf)
Insert:

   (sg) providing for and in relation to conciliation conferences; and