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PARLIAMENT OF VICTORIA
Commonwealth Powers (Family Law-Children)
(Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Principal Act 2
PART 2--AMENDMENT OF THE PRINCIPAL ACT 3
4. Further reference of powers to the Commonwealth 3
5. New Schedule substituted 4
SCHEDULE 4
PART 3--CONSEQUENTIAL AMENDMENTS 6
6. Amendment of Adoption Act 1984 6
7. Amendment of Maintenance Act 1965 6
8. Amendment of Marriage Act 1958 7
9. Amendment of Status of Children Act 1974 8
NOTES 9
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Clause Page
THIS PAGE IS TO BE MASKED
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Commonwealth Powers (Family Law--Children) Act
1986 with respect to the reference of matters to the Commonwealth
Parliament and for other purposes.
Commonwealth Powers (Family Law-
Children) (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Commonwealth Powers (Family Law--
5 Children) Act 1986 with respect to the reference
of matters to the Commonwealth Parliament.
2. Commencement
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(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
5 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 November 1998,
it comes into operation on that day.
3. Principal Act
No. 92/1986.
10 In this Act, the Commonwealth Powers (Family
Reprint No. 1
Law--Children) Act 1986 is called the Principal
as at 14 July
Act.
1997.
_______________
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PART 2--AMENDMENT OF THE PRINCIPAL ACT
4. Further reference of powers to the Commonwealth
(1) After section 3(1)(b) of the Principal Act insert--
"(c) the determination of a child's parentage for
5 the purposes of the law of the
Commonwealth, whether or not the
determination of the child's parentage is
incidental to the determination of any other
matter within the legislative powers of the
10 Commonwealth.".
(2) In section 3(2) of the Principal Act--
(a) for "The matters" substitute "Subject to sub-
section (2A), the matters";
(b) after "the matter of" insert "the adoption of
15 children or";
(c) in paragraph (a) omit "of an Act";
(d) paragraph (b) is repealed;
(e) in paragraph (d) after "State" insert "or the
powers of a tribunal or of a bail justice";
20 (f) in paragraph (d) omit "of an Act".
(3) After section 3(2) of the Principal Act insert--
"(2A) The matters referred by sub-section (1)
include the matter of the taking, or the
making of provision for or in relation to
25 authorising the taking, of action that would
prevent or interfere with a matter referred to
in sub-section (2)(a), (c) or (d) if--
(a) the Minister of the Crown responsible
for the administration of the relevant
30 provision specified in the Schedule; or
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(b) a person authorised, in writing, by that
Minister of the Crown to act on his or
her behalf for the purposes of Part VII
of the Family Law Act 1975 of the
5 Commonwealth--
consents, in writing, to the taking of such
action by way of instituting, or continuing,
proceedings under that Act in a court having
jurisdiction under that Act.".
10 (4) In section 3(3) of the Principal Act, for paragraph
(c) substitute--
"(c) the references to a provision specified in the
Schedule shall be read as references to the
provision as amended and in force from time
15 to time, and as including a reference to any
provision or provisions replacing that
provision and as amended and in force from
time to time.".
5. New Schedule substituted
20 For the Schedule to the Principal Act substitute--
"SCHEDULE
S. 3
Statutory Provisions
1. Any provision of the Adoption Act 1984.
25 2. Children and Young Persons Act 1989:
(a) sections 15, 66(1), 6870, 73, 74, 7780B, 83 and 84;
and
(b) section 85 (except section 85(1)(a)(i) and in relation
to section 85(1)(a)(ii) only to the extent that the order
30 is subject to a condition relating to where a child is to
live); and
(c) sections 91-95 (but where sections 9194 and
95(5)(a) and (b) refer to a supervision order, only to
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the extent that the order is subject to a condition
relating to where a child is to live); and
(d) sections 96102 (except where section 97(4) includes
a protection order that is an undertaking or a
5 supervision order other than a supervision order
subject to a condition relating to where a child is to
live); and
(e) sections 104112 (except where sections 105(2) and
109(3) refer to an undertaking or a supervision order
10 other than a supervision order subject to a condition
relating to where a child is to live); and
(f) sections 115117, 122-124, 126 and 265; and
(g) section 271 (to the extent that that section applies to a
person in the care or custody of the Director-General
15 under sub-section (1)(a) or placed or in safe custody
under sub-section (1)(ba) or (c)).".
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PART 3--CONSEQUENTIAL AMENDMENTS
6. Amendment of Adoption Act 1984
No. 10150. In section 18 of the Adoption Act 1984 for
Reprint No. 3
"Subject to any order that may be made under Part
as at 26 June
5 VII of the Marriage Act 1958 or under the
1997.
Children (Guardianship and Custody) Act
1984, where" substitute "If".
7. Amendment of Maintenance Act 1965
No. 7289. In the Maintenance Act 1965--
Reprint No. 3
10 (a) in section 4(1)--
as at 12 May
1994. Further
amended by (i) paragraphs (b), (d), (e), (f), (g) and (h)
Nos 23/1994
are repealed;
and 35/1996.
(ii) in paragraph (i), for "wife husband or
child" substitute "wife or husband";
15 (b) section 5(3)(a) is repealed;
(c) sections 7, 8, 10, 11, 12, 13, 14 and 15 are
repealed;
(d) in section 16--
(i) in sub-section (1)(b), omit "or, in the
20 case of an order for the maintenance of
a child, the person for whose benefit the
order was made";
(ii) in sub-section (2), paragraph (a) is
repealed;
25 (e) sections 17 and 19 are repealed;
(f) in section 20(1)--
(i) for "wife, husband or child of the
family" substitute "wife or husband";
(ii) for "wife husband or child" substitute
30 "wife or husband";
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(g) sections 21 and 22 are repealed;
(h) in section 26(1)--
(i) in paragraph (a)(i) omit "; or";
(ii) paragraphs (a)(ii) and (b) are repealed;
5 (iii) omit "or parent" (where twice
occurring);
(iv) omit ", or the other party and the child,
or the child, as the case may be,";
(v) omit "or the child" (where secondly
10 occurring);
(i) in section 26(2)--
(i) in paragraph (a)(i) omit "; or";
(ii) paragraphs (a)(ii) and (b) are repealed;
(iii) omit "or parent";
15 (iv) omit ", the spouse and child or the
child as the case may be,";
(v) omit "or child" (where twice
occurring);
(j) sections 31, 33(5), 65 and 66 are repealed;
20 (k) in section 68, in paragraph (b) of the
definition of "maintenance order" omit
"Subdivision 6 or";
(l) sections 82(2) and 111 are repealed.
8. Amendment of Marriage Act 1958
No. 6306.
25 In the Marriage Act 1958--
Reprint No. 5
(a) section 132(1) is repealed; as at 12 June
1997.
(b) in section 132(2) omit "one hundred and
forty-two (so far as it relates to applications
by the father of a minor),";
30 (c) in section 133--
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(i) omit "the custody or upbringing of a
minor, or"; and
(ii) omit "custody upbringing";
(d) in section 135--
5 (i) in sub-section (1) omit all words and
expressions after "any guardian
appointed by the father.";
(ii) in sub-section (2), omit all words and
expressions after "any guardian
10 appointed by the mother.";
(iii) sub-sections (6), (8) and (9) are
repealed;
(e) in section 138, omit "or any guardian
appointed or acting by virtue of this Part";
15 (f) sections 140, 141, 142, 143, 144, 145, 146,
147, 149, 150, 151 and 152 are repealed;
(g) in section 155(2), omit "to the custody
control or religious faith of any infant or";
(h) section 159(2) is repealed.
20 9. Amendment of Status of Children Act 1974
No. 8602. In the Status of Children Act 1974--
Reprint No. 1
(a) section 8(3) is repealed;
as at 20
January 1994.
Further (b) in section 9(3), omit "or where a court
amended by
makes an order under section 10 or 12 of the
Nos 63/1995,
25 35/1996 and Maintenance Act 1965".
43/1996.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
9
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