• Specific Year
    Any

STATUS OF CHILDREN ACT 1996 - SCHEDULE 2

STATUS OF CHILDREN ACT 1996 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 39)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 , but only to the extent that it amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect on or from the date of assent to the Act concerned or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part:


"repealed status Act" means the Children (Equality of Status) Act 1976 .


"repealed presumption Act" means the Artificial Conception Act 1984 .


"repeal date" means the date on which the repealed Act is repealed.

3 Paternity acknowledgments executed under repealed status Act

(1) A paternity acknowledgment that was executed in accordance with section 11 of the repealed status Act and in force immediately before the repeal date is taken to be a formal paternity acknowledgment executed under section 19 of this Act.
(2) An order annulling a paternity acknowledgment made under section 11 of the repealed status Act and in force immediately before the repeal date is taken to be an annulment order made under section 20 of this Act.

4 Declarations of paternity and maternity under repealed status Act

(1) A declaration of paternity or maternity made under section 13 or 15 of the repealed status Act and in force immediately before the repeal date is taken to be a declaration of parentage made under section 21 of this Act.
(2) An order annulling a declaration made under section 13 or 15 of the repealed status Act and in force immediately before the repeal date is taken to be an annulment order made under section 22 of this Act.

5 Previous court determinations

Nothing in any provision of this Act affects any determination concerning the parentage or status of a child made by a court before the commencement of the provision.

6 References to the repealed status Act and repealed presumption Act

(1) A reference in any instrument made under any Act, or any document of any kind, to the repealed status Act or a provision of the repealed status Act is to be read as a reference to this Act or the equivalent provision of this Act.
(2) A reference in any other Act or in any instrument made under any Act, or any document of any kind, to the repealed presumption Act or a provision of the repealed presumption Act is to be read as a reference to this Act or the equivalent provision of this Act.

Part 3 - Provision consequent on enactment of Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008

7 Parentage presumption to apply in relation to fertilisation procedures occurring before commencement

(1) The presumptions arising under section 14 (1A) in relation to a child born as the result of a fertilisation procedure, as inserted by the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 , extend to a procedure undertaken, and a consent given, before the commencement of that subsection. This subclause applies even though at the time the consent was given the presumptions did not apply.
(2) However, those presumptions do not apply so as to affect:
(a) the previous operation of this or any other Act or law, or
(b) any will executed before the commencement of section 14 (1A), or
(c) the vesting in possession or in interest of any property before the commencement of section 14 (1A).
(3) In this clause:


"will" includes a codicil and any other testamentary disposition.