Family Court Amendment Regulations 2002 (WA)

29 November 2002 GOVERNMENT GAZETTE, WA 5663

JU302*

Family Court Act 1997

Family Court Amendment Regulations 2002

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Family Court Amendment
Regulations 2002.

Regulations 1984 of the Commonwealth;

2.            The regulations amended

The amendments in these regulations are to the Family Court
Regulations 1998*.

r Published in Gazette 25 September 1998, p. 5303-91

3.             Commencement

These regulations come into operation on the same day that the
Family Court Amendment Act 2002 comes into operation.

4.             Regulation 3 amended

(1) Regulation 3(1) is amended by inserting in the appropriate

alphabetical positions the following definitions

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"Family Law Regulations" means the Family Law

5664 GOVERNMENT GAZETTE, WA 29 November 2002

"Family Law Rules" means the Family Law Rules

1984 of the Commonwealth;

(2) Regulation 3(2) is amended as follows:

(a) in paragraph (d) by inserting after "Regulations" -

46

or the Family Law Rules ";

(b)	by deleting "and" after paragraph (d);
(c)	by deleting paragraph (e) and inserting the following paragraphs instead -

(e) to a Part, Division, section, Schedule or other

as a reference to the provision of the Family provision of the Family Law Act is to be treated comparable;

(0	to the Act is to be treated as a reference to the
Family Court Act 1997; and

(g) to Part VIII is to be treated as a reference to

Part 5A.

5.            Regulation 8A inserted

After regulation 8 the following regulation is inserted -

8A. Court of summary jurisdiction prescribed for the
purposes of section 43(1)(b)
A court of summary jurisdiction that is constituted by
the Principal Registrar or a Registrar who is also a
magistrate is a court prescribed for the purposes of
section 43(1)(b).

6.           Regulations 14A to 14F inserted After regulation 14 the following regulations are inserted -

"

14A.	Prescribed requirements for an arbitrator Family Law Regulation 67B is adopted and applies for the purposes of the definition of "arbitrator" in section 5.
14B.	Arbitration generally
Family Law Regulations 67A, 67D, 67E, 67F, 67G, 67H, 671,67K, 67L, 67M, 67N, 670,67P, 67R, 67S and 671 are adopted.
14C.	Registration of arbitration award
Family Law Regulation 67Q is adopted and applies for the purposes of sections 60A(5) and 60B(2).

29 November 2002 GOVERNMENT GAZETTE, WA 5665

14D.	Oath or affirmation of arbitrators Family Law Regulation 67J is adopted and applies for the purposes of section 62A.
14E.	Advertising arbitration services in the Court's registry Family Law Regulations 68(1)(a)(iii), 68(1)(b), 68(2) and 73 are adopted and apply for the purposes of section 65(3).
14F.	Prescribed benefits Family Law Regulation 12A is adopted and applies for the purposes of the definition of "income tested pension, allowance or benefit" in section 205T.

7. Regulation 17 amended
Regulation 17(1) and (2) is repealed and the following
subregulation is inserted instead -

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(1) An order under the Act referred to in section 223 in

paragraph (f) of the definition of "order under this Act"
may be registered by filing a sealed copy of the order
in the registry of the first-mentioned court referred to in

section (g) of that definition.

8. Regulation 18 amended
Regulation 18(1) is amended as follows:

(a) in paragraph (a) by deleting "for" and inserting " in relation to Part 5A proceedings or for ";

(b) in paragraph (a)(i) by deleting "$152" and inserting

" $172 ";

instead —

(c) in paragraph (a)(ii) by deleting "$303" and inserting " $344 ";

(d) in paragraph (b) by deleting "$303" and inserting " $344 ".

9.            Regulation 19 amended

Regulation 19 is amended by deleting "1998" and inserting instead —

" 2002 ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.