COMMONWEALTH POWERS (FAMILY LAW) ACT 1986 - SECT 3
COMMONWEALTH POWERS (FAMILY LAW) ACT 1986 - SECT 3
3—Reference of certain matters relating to children
(1) The following
matters, to the extent to which they are not otherwise included in the
legislative powers of the Parliament of the Commonwealth, are referred to the
Parliament of the Commonwealth for a period commencing on the day on which
this Act commences and ending on the day fixed, pursuant to section 4, as
the day on which the reference under this Act shall terminate, but no longer,
namely:
(a) the
maintenance of children and the payment of expenses in relation to children or
child bearing;
(b) the
custody and guardianship of, and access to, children.
(2) The matters
referred by subsection (1) do not include the matter of the adoption of
children or the matter of the taking, or the making of provision for or in
relation to authorising the taking, of action that would prevent or interfere
with—
(a) a
Minister of the Crown, an officer of the State, an officer of an adoption
agency approved under a law of the State, or any other person, having or
acquiring the custody, guardianship, care or control of children under a
provision of an Act specified in the Schedule; or
(b) the
maintenance of, or the payment of expenses in relation to, children who are in
such custody, guardianship, care or control; or
(c) the
jurisdiction of a court of the State, under a provision of an Act specified in
the Schedule, to make orders, or take any other action, in respect of—
(i)
the adoption of children; or
(ii)
the custody, guardianship, care or control of children;
or
(iii)
access to children or the supervision of children.
(3) In the preceding
provisions of this section—
(a) the
references to children shall be read as references to persons under the age of
18 years; and
(b) the
references to the maintenance of, and the payment of expenses in relation to,
children shall be read as including references to the maintenance of, and the
payment of expenses in relation to, persons who have attained that age and
have special needs in respect of maintenance or expenses by reason of being
engaged in a course of education or training or by reason of a physical or
mental handicap; and
(c) the
references to an Act specified in the Schedule shall be read as references to
that Act as amended and in force from time to time, and as including a
reference to any Act or Acts replacing that Act and as amended and in force
from time to time.