Family Law Amendment Act (No. 1) 1998 (Cth)

Family Law Amendment Act (No. 1) 1998

No. 89, 1998

Family Law Amendment Act (No. 1) 1998

No. 89, 1998

An Act to amend the Family Law Act 1975

Contents

Family Law Amendment Act (No. 1) 1998

No. 89, 1998

An Act to amend the Family Law Act 1975

[Assented to 14 July 1998]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Family Law Amendment Act (No. 1) 1998.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Family Law Act 1975

1

Paragraphs 39(5)(d) and (6)(d)

Omit “111A, 111B or 111C”, substitute “111A or 111B”.

2

At the end of subsection 40(8)

Add “or in relation to jurisdiction conferred on a federal court or a court of a Territory, or invested in a court of a State, by regulations made for the purposes of section 111C”.

3

At the end of Part X

Add:

96APart does not apply to section 111C jurisdiction

This Part does not apply in relation to jurisdiction conferred on a federal court or a court of a Territory, or invested in a court of a State, by regulations made for the purposes of section 111C.

Note: Those regulations may provide for courts to have jurisdiction in respect of appeals arising from matters dealt with by those regulations: see subsection 111C(5).

4

At the end of section 111C

Add:

1. (3)

   The regulations may make such provision as is necessary to give effect to any bilateral agreement or arrangement on the adoption of children made between:

   1. (a)

      Australia, or a State or Territory of Australia; and

   2. (b)

      a prescribed overseas jurisdiction.

2. (4)

   Regulations made for the purposes of subsection (3) may, in particular:

   1. (a)

      provide for the recognition of adoptions made under a law of the prescribed overseas jurisdiction; and

   2. (b)

      provide that the regulations do not affect the operation of laws of a State or Territory that relate to adoptions; and

   3. (c)

      if a State or Territory has made such a bilateral agreement or arrangement on behalf of other States or Territories—give effect to the agreement or arrangement so far as it relates to all of those States or Territories, or to such of them as the regulations specify.

3. (5)

   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.

Such jurisdiction is in addition to any other jurisdiction provided for under this Act.

1. (6)

   Regulations made for the purposes of subsection (5) may make different provision in respect of matters arising in relation to different States or Territories. (This subsection does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.)

2. (7)

   Subsections (4), (5) and (6) of this section do not, by implication, limit subsections (1) and (3) of this section.

3. (8)

   In this section, despite subsection 4(1), Territory includes each external Territory.

Note: The heading to section 111C is replaced by the heading “International agreements about adoption etc.”.

[Minister's second reading speech made in—

House of Representatives on 24 June 1998

Senate on 1 July 1998]

(99/98)