FAMILY LAW REGULATIONS (AMENDMENT) 1994 NO. 86

FAMILY LAW REGULATIONS (AMENDMENT) 1994 NO. 86

STATUTORY RULES 1994 No. 86

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law Regulations (Amendment)

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

Subsections 66E(4) and 75(3) of the Act require certain income tested pensions, allowances and benefits to be disregarded by a court when determining whether an order for child or spouse maintenance respectively is to be made.

Subsection 4(1) of the Act defines "income tested pension, allowance or benefit" as "a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits which are prescribed, for the purposes of this definition".

Regulation 12A of the Family Law Regulations (the Principal Regulations) lists each of the pensions, allowances and benefits which are prescribed.

The amendment to the Regulations will update Regulation 12A which lists certain income tested pensions, allowances and benefits payable under the Social Security Act which must be disregarded by a court when determining whether an order is to be made for spouse or child maintenance. This amendment is necessary to take account of the restructuring of the Social Security Act 1991 and the renumbering of the Student Assistance Act 1973.

The Regulations commence on gazettal.