Child Support Legislation Amendment Act 2000 (Cth)

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Child Support Legislation Amendment Act 2000

No. 49, 2000

Child Support Legislation Amendment Act 2000

No. 49, 2000

An Act to amend legislation relating to child support and family law, and for related purposes

Contents

Child Support Legislation Amendment Act 2000

No. 49, 2000

An Act to amend legislation relating to child support and family law, and for related purposes

[Assented to 3 May 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Child Support Legislation Amendment Act 2000.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Child Support (Assessment) Act 1989

1At the end of subsection 4(2)

Add:

  1. ; and (e)

    that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

2After section 163A

Insert:

163BRegulations in relation to overseas‑related maintenance obligations etc.

  1. (1)

    The regulations may make provision for, and in relation to, the following matters:

    1. (a)

      giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

    2. (b)

      maintenance obligations arising from family relationship, parentage or marriage, where:

      1. (i)

        the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

      2. (ii)

        the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

  2. (2)

    Regulations made for the purposes of this section may:

    1. (a)

      confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

    2. (b)

      invest a court of a State with federal jurisdiction.

  3. (3)

    Regulations made for the purposes of this section:

    1. (a)

      may be inconsistent with this Act; and

    2. (b)

      prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

  4. (4)

    In this section:

international agreement means an agreement whose parties are:

  1. (a)

    Australia and a foreign country; or

  2. (b)

    Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

  1. (a)

    a foreign country; or

  2. (b)

    a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Child Support (Registration and Collection) Act 1988

3At the end of subsection 3(1)

Add:

  1. ; and (c)

    that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

4After section 124

Insert:

124ARegulations in relation to overseas‑related maintenance obligations etc.

  1. (1)

    The regulations may make provision for, and in relation to, the following matters:

    1. (a)

      giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

    2. (b)

      maintenance obligations arising from family relationship, parentage or marriage, where:

      1. (i)

        the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

      2. (ii)

        the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

  2. (2)

    Regulations made for the purposes of this section may:

    1. (a)

      confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

    2. (b)

      invest a court of a State with federal jurisdiction.

  3. (3)

    Regulations made for the purposes of this section:

    1. (a)

      may be inconsistent with this Act; and

    2. (b)

      prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

  4. (4)

    In this section:

international agreement means an agreement whose parties are:

  1. (a)

    Australia and a foreign country; or

  2. (b)

    Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

  1. (a)

    a foreign country; or

  2. (b)

    a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Family Law Act 1975

5After section 124

Insert:

124ARegulations in relation to overseas‑related maintenance obligations etc.

  1. (1)

    The regulations may make provision for, and in relation to, the following matters:

    1. (a)

      giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

    2. (b)

      maintenance obligations arising from family relationship, parentage or marriage, where:

      1. (i)

        the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

      2. (ii)

        the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

  2. (2)

    Regulations made for the purposes of this section may:

    1. (a)

      confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

    2. (b)

      invest a court of a State with federal jurisdiction.

  3. (3)

    Regulations made for the purposes of this section:

    1. (a)

      may be inconsistent with this Act; and

    2. (b)

      prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

  4. (4)

    In this section:

international agreement means an agreement whose parties are:

  1. (a)

    Australia and a foreign country; or

  2. (b)

    Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

  1. (a)

    a foreign country; or

  2. (b)

    a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

(28/00)

[Minister’s second reading speech made in—

House of Representatives on 9 March 2000

Senate on 5 April 2000

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