Family Law Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 741

Family Law Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Family Law 1975.

Dated 27 April 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Family Law Regulations.

2. After regulation 12c of the Principal Regulations the following regulation is inserted:

Prescribed law—subsection 60b (2) of the Act

“12ca. Each of the laws specified in Column 2 of an item in Schedule 7 is a prescribed law for the purposes of subsection 60b (2) of the Act.”.

Institution, etc., of proceedings by persons holding certain offices

3. Subregulation 15 (3) of the Principal Regulations is amended by inserting “, and each officer of a court of summary jurisdiction of a State or Territory,” after “sub-regulation (1)”.

(S.R. 65/89) Cat. No. 14/16.3.1989

 

Prescribed laws for the purposes of subsections 1I4ab (1) and (2) of the Act

4. Regulation 19 of the Principal Regulations is amended by omitting paragraph (e) and substituting the following paragraph:

“(e) Part XA of the Justices Act 1959 of the State of Tasmania;”.

Prescribed medical procedures—section 60 of the Act

5. Regulation 21β of the Principal Regulations is amended by omitting from paragraph (e) “of restriction fragment length polymorphisms”.

Collection of blood sample

6. Regulation 21d of the Principal Regulations is amended:

(a) by inserting after “grouping” in paragraph (1) (c) “that is not to be carried out within 24 hours of the blood having been collected”;

(b) by omitting “or” at the end of paragraph (1) (c);

(c) by omitting from paragraph (1) (d) “of restriction fragment length polymorphisms”;

(d) by adding at the end of subregulation (1) the following word and paragraph:

“or

(e) if the proposed prescribed procedure is red cell antigen blood grouping that is to be carried out within 24 hours of the blood having been collected—in accordance with the method of packing specified in either paragraph (c) or paragraph (d).”;

(e) by omitting from paragraph (2) (b) “of restriction fragment length polymorphisms”.

Schedule 1

7. Schedule 1 to the Principal Regulations is amended:

(a) by omitting:

“SCHEDULE 1 FORM”

and substituting:

“SCHEDULE 1 FORM 1”;

(b) by omitting from Form 4 “of restriction fragment length polymorphisms” (twice occurring).

Schedule 5

8. Schedule 5 to the Principal Regulations is amended:

(a) by inserting after item 4 the following item:

“4a Maintenance Act 1964 (except section 22 and Part IIIa) New South Wales”;

 

(b)	by inserting after item 9 the following item:
“9a Maintenance Act 1965 (except Subdivision 1 of Division 2 of Part II)	Victoria”;
(c)	by inserting after item 14 the following item:
“14a Maintenance Act 1965	Queensland”;
(d)	by inserting after item 17 the following item:
“17a Divisions 4, 5, 6 and 7 of Part III of the Family Court Act 1975	Western Australia”;
(e)	by inserting after item 25 the following item:
“25a Maintenance Act 1967 (except section 14)	Tasmania”;
(f)	by inserting after item 28 the following item:
“28a Maintenance Act (except section 23)	Northern Territory”;
(g)	by inserting after item 33 the following item:
“33a Maintenance Ordinance 1968 (except section 23)	Australian Capital Territory”;
(h)	by inserting after item 37 the following items:
“37a Deserted Wives and Children Ordinance 1923 (except section 7 to the extent that it provides for the committal of the legal custody of any child of a marriage to the wife or some other person)	Norfolk Island
“37b Infants’ Maintenance and Protection Ordinance 1913	Norfolk Island”.

Schedule 6

9. Schedule 6 to the Principal Regulations is amended by omitting from item 2 “10d, 10e, and 10f” and substituting “10d and 10e”.

Schedule 7

10. The Principal Regulations are amended by adding at the end the following Schedule:

“SCHEDULE 7 Regulation 12ca

PRESCRIBED LAWS—SUBSECTION 60b (2) OF THE ACT

Column 1	Column 2
Item No.	Prescribed Law
1	Family Relationships Act, 1975, of the State of South Australia, sections 10b and 10c
2	Status of Children Act 1978 of the Northern Territory, sections 5b and 5c
3	Artificial Conception Ordinance 1985, of the Australian Capital Territory, sections 3, 4 and 6

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 May 1989.

2. Statutory Rules 1984 No. 426 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 8 and see also Statutory Rules 1989 Nos. 8 and 53.

                                      

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