Family Law Amendment Regulations 2009 (No. 1) (Cth)

Family Law Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 17

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 5 February 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

Contents

1Name of Regulations

These Regulations are the Family Law Amendment Regulations 2009 (No. 1).

2Commencement

These Regulations commence as follows:

1. (a)

   on the day after they are registered — regulations 1 to 3 and Schedule 1;

2. (b)

   on 1 March 2009 — Schedule 2;

3. (c)

   on the commencement of section 21 of the Surrogacy Act 2008 (WA) — Schedule 3.

3Amendment of Family Law Regulations 1984

Schedules 1 to 3 amend the Family Law Regulations 1984.

Schedule 1Amendments commencing on day after registration

(regulation 3)

[1]Regulations 12C and 12CA

substitute

12CArtificial conception procedures: child of woman and other intended parent — prescribed laws

For subparagraph 60H (1) (b) (ii) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Status of Children Act 1996 (NSW)
2	Status of Children Act 1974 (Vic), sections 10A, 10B, 10C, 10D and 10E
3	Status of Children Act 1978 (Qld), sections 14A, 15, 16 and 17
4	Artificial Conception Act 1985 (WA)
5	Family Relationships Act 1975 (SA), sections 10A, 10B, 10C, 10D and 10E
6	Status of Children Act 1974 (Tas), Part III
7	Parentage Act 2004 (ACT), section 11
8	Status of Children Act (NT), sections 5A, 5B, 5C, 5D, 5DA, 5E and 5F

12CAArtificial conception procedures: child of woman — prescribed laws

For paragraph 60H (2) (b) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Status of Children Act 1996 (NSW), section 14
2	Status of Children Act 1978 (Qld), section 18AB
3	Artificial Conception Act 1985 (WA)
4	Family Relationships Act 1975 (SA), sections 10B and 10C
5	Status of Children Act 1974 (Tas), Part III
6	Parentage Act 2004 (ACT), subsections 11 (2) and (3)
7	Status of Children Act 1978 (NT), sections 5B, 5C and 5E

12CAAChildren born under surrogacy arrangements — prescribed law

For subsection 60HB (1) of the Act, section 26 of the Parentage Act 2004 (ACT) is prescribed.

12CABOther circumstances in which court may hear application for Part VII order (Act s 60I (9) (f))

For paragraph 60I (9) (f) of the Act, the circumstance that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I (8) of the Act has been filed is specified.

[2]Schedules 6 and 7

omit

Schedule 2Amendments commencing on 1 March 2009

(regulation 3)

[1]After regulation 12BB

insert

12BCDe facto relationships — prescribed laws and relationships

For paragraph 4AA (2) (g) of the Act, the following are prescribed:

1. (a)

   a law mentioned in an item of the following table;

2. (b)

   a kind of relationship, mentioned in the item, that is or was registered under the law.

Item	Law	Kind of relationship
1	Relationships Act 2008 (Vic)	A registered relationship that is registered under paragraph 10 (3) (a) of that Act
2	Relationships Act 2003 (Tas)	A significant relationship as defined in section 4 of that Act
3	Civil Partnerships Act 2008 (ACT)	A relationship as a couple between 2 adult persons who meet the eligibility criteria in section 6 of that Act for entry into a civil partnership

[2]After regulation 15AA

insert

15ABDe facto relationships — prescribed laws

For paragraph 90SB (d) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Relationships Act 2008 (Vic)
2	Relationships Act 2003 (Tas)
3	Civil Partnerships Act 2008 (ACT)

Schedule 3Amendment commencing on commencement of section 21 of Surrogacy Act 2008 (WA)

(regulation 3)

[1]Regulation 12CAA

substitute

12CAAChildren born under surrogacy arrangements — prescribed law

For subsection 60HB (1) of the Act, the following laws are prescribed:

1. (a)

   section 21 of the Surrogacy Act 2008 (WA);

2. (b)

   section 26 of the Parentage Act 2004 (ACT).

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See