Status of Children Regulations 2024 (Vic)

Version No. 001

Status of Children Regulations 2024

S.R. No. 103/2024

Version as at

28 October 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definition

6Corresponding interstate surrogacy law

7Corresponding surrogacy parentage order

8Requirement for providing counselling for surrogacy arrangements without assistance of registered ART provider

9Material benefit or advantage does not include particular reimbursement of costs

10Material inducement does not include particular reimbursement of costs

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Status of Children Regulations 2024

S.R. No. 103/2024

Version as at

28 October 2024

1Objective

The objective of these Regulations is to prescribe—

(a)laws of other Australian States and Territories relating to parentage of a child born under a surrogacy arrangement; and

(b)provisions of laws of other Australian States and Territories under which an order can be made relating to legal parentage of a child born under a surrogacy arrangement; and

(c)laws of other Australian States and Territories under which reimbursement of costs does not constitute a material benefit or advantage or material inducement; and

(d)qualifications for persons who can provide counselling under section 23(2)(b) of the Status of Children Act 1974; and

(e)any other matters required to be prescribed under the Status of Children Act 1974.

2Authorising provision

These Regulations are made under section 41 of the Status of Children Act 1974.

3Commencement

These Regulations come into operation on 28 October 2024.

4Revocations

The following Regulations are revoked—

(a)the Status of Children Regulations 2014[1];

(b)the Status of Children Amendment (Counselling) Regulations 2021[2].

5Definition

In these Regulations—

the Act means the Status of Children Act 1974.

6Corresponding interstate surrogacy law

For the purposes of the definition of corresponding interstate surrogacy law in section 17(1) of the Act, the following laws are prescribed—

(a)the Parentage Act 2004 of the Australian Capital Territory;

(b)the Surrogacy Act 2010 of New South Wales;

(c)the Surrogacy Act 2022 of the Northern Territory;

(d)the Surrogacy Act 2010 of Queensland;

(e)the Surrogacy Act 2019 of South Australia;

(f)the Surrogacy Act 2012 of Tasmania;

(g)the Surrogacy Act 2008 of Western Australia.

7Corresponding surrogacy parentage order

For the purposes of paragraph (b) of the definition of corresponding surrogacy parentage order in section 17(1) of the Act, the following provisions are prescribed—

(a)section 28H of the Parentage Act 2004 of the Australian Capital Territory and section 26 of that Act (as in force immediately before its substitution by the Parentage (Surrogacy) Amendment Act 2004 of the Australian Capital Territory);

(b)section 18 of the Surrogacy Act 2010 of New South Wales;

(c)section 34 of the Surrogacy Act 2022 of the Northern Territory;

(d)section 22 of the Surrogacy Act 2010 of Queensland;

(e)section 18 of the Surrogacy Act 2019 of South Australia;

(f)sections 16 and 22 of the Surrogacy Act 2012 of Tasmania;

(g)section 21 of the Surrogacy Act 2008 of Western Australia.

8Requirement for providing counselling for surrogacy arrangements without assistance of registered ART provider

For the purposes of section 23(3)(b) of the Act, the prescribed requirement is full membership, or eligibility for full membership, of the Australian and New Zealand Infertility Counsellors' Association.

9Material benefit or advantage does not include particular reimbursement of costs

For the purposes of section 29E(3)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law.

10Material inducement does not include particular reimbursement of costs

For the purposes of section 29H(5)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Status of Children Regulations 2024, S.R. No. 103/2024 were made on 8 October 2024 by the Governor in Council under section 41 of the Status of Children Act 1974, No. 8602/1974 and came into operation on 28 October 2024: regulation 3.

The Status of Children Regulations 2024 will sunset 10 years after the day of making on 8 October 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Status of Children Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(a): S.R. No. 186/2014 as amended by S.R. No. 122/2021.

[2] Reg. 4(b): S.R. No. 122/2021.