Family Law Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 1641

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 Act 1975.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

Commencement

1. These Regulations commence on 1 July 1988.

Record of proceedings

2.Regulation 10 of the Family Law Regulations is amended by omitting subregulation (3).

3. Regulation 14 of the Family Law Regulations is repealed and the following regulation substituted:

Prescribed overseas jurisdictions

“14. For the purposes of the definition of ‘prescribed overseas jurisdiction’ in subsection 4 (1) of the Act, each country, or part of a country, outside Australia specified in Column 2 of an item in Schedule 1a is declared to be a prescribed overseas jurisdiction for the purposes of sections 60 and 69 of the Act.”.

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

4. Regulation 15 of the Family Law Regulations is amended:

(a) by omitting from subregulation (1) “section 89a” and substituting “sections 70e and 89a”;

(b) by omitting from subregulation (2) “of a marriage” (second occurring).

(S.R. 193/88)—Cat. No. 16/23.6.1988

 

Fees in respect of appeals

5. Regulation 16 of the Family Law Regulations is amended:

(a) by omitting subregulation (2) and substituting the following subregulation:

“(2) Subject to subregulation (3), the court fee is payable by the appellant at the time of filing the notice of appeal.”;

(b) by inserting after subregulation (2) the following subregulation:

“(2a) Except in a case to which subregulation (3) applies, a registrar shall not accept a notice of appeal for filing unless the court fee has been paid.”.

Prescribed laws for purposes of subsections 114ab (1) and (2) of the Act

6.Regulation 19 of the Family Law Regulations is amended by omitting from paragraph (a) “and 547aa” and substituting “, 562a, 562b, 562c, 562d, 562e, 562f, 562g, 562h, 562i, 562j, 562k, 562l, 562m, 562n, 562o, 562p, 562q and 562r”.

Schedule 1A

7.After Schedule 1 to the Family Law Regulations the following Schedule is inserted:

SCHEDULE 1aRegulation 14

COUNTRIES OR PARTS OF COUNTRIES DECLARED TO BE PRESCRIBED OVERSEAS JURISDICTIONS FOR PURPOSES OF SECTIONS 60 AND 69

Column 1	Column 2
Item No.	Country or part of a country
1	Alabama
2	Alaska
3	Arizona
4	Arkansas
5	California
6	Colorado
7	Connecticut
8	Delaware
9	District of Columbia
10	Florida
11	Georgia
12	Hawaii
13	Idaho
14	Illinois
15	Indiana
16	Iowa
17	Kansas
18	Kentucky
19	Louisiana
20	Maine

SCHEDULE 1a—continued

Column 1	Column 2
Item No.	Country or part of a country
21	Maryland
22	Massachusetts
23	Michigan
24	Minnesota
25	Mississippi
26	Montana
27	Nebraska
28	Nevada
29	New Hampshire
30	New Jersey
31	New York
32	North Carolina
33	North Dakota
34	Oklahoma
35	Oregon
36	Papua New Guinea
37	Pennsylvania
38	Rhode Island
39	South Carolina
40	Tennessee
41	Texas
42	Utah
43	Vermont
44	Virginia
45	Washington
46	West Virginia
47	Wisconsin
48	Wyoming

Schedule 2

8.Schedule 2 to the Family Law Regulations is amended by omitting “Hawaii” and substituting: “Hawaii

 Idaho”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1988.

2.Statutory Rules 1984 No. 426 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 42 and see also Statutory Rules 1988 Nos. 42 and 44.

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