Untitled document

Commonwealth Powers (Family Law-Children)

(Amendment) Act 1997

Act No. 59/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENT OF THE PRINCIPAL ACT 3

4.	Further reference of powers to the Commonwealth	3
5.	New Schedule substituted	4
SCHEDULE	4

PART 3—CONSEQUENTIAL AMENDMENTS 6

6.	Amendment of Adoption Act 1984	6
7.	Amendment of Maintenance Act 1965	6
8.	Amendment of Marriage Act 1958	7
9.	Amendment of Status of Children Act 1974	8

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NOTES 9

i

Victoria

No. 59 of 1997

Commonwealth Powers (Family Law-

Children) (Amendment) Act 1997†

[Assented to 5 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the of matters to the Commonwealth Parliament.
Commonwealth Powers (Family Law—

Commonwealth Powers (Family Law-Children) (Amendment)
Act 1997

Act No. 59/1997 s. 2

2. Commencement

(1) This Part comes into operation on the day on

which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 November 1998,

it comes into operation on that day.

3. Principal Act

In this Act, the Commonwealth Powers (Family	No. 92/1986. Reprint No. 1
Law—Children) Act 1986 is called the Principal	as at 14 July
Act.	1997.

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Commonwealth Powers (Family Law-Children) (Amendment)
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s. 4 Act No. 59/1997

PART 2—AMENDMENT OF THE PRINCIPAL ACT

4. Further reference of powers to the Commonwealth

(1) After section 3(1)(b) of the Principal Act insert—

"(c) the determination of a child's parentage for the purposes of the law of the determination of the child's parentage is incidental to the determination of any other matter within the legislative powers of the Commonwealth.".

(2) In section 3(2) of the Principal Act—

(a)	for "The matters" substitute "Subject to sub- section (2A), the matters";
(b)	after "the matter of" insert "the adoption of children or";

(c) in paragraph (a) omit "of an Act";

(d) paragraph (b) is repealed;

(e) in paragraph (d) after "State" insert "or the powers of a tribunal or of a bail justice";

(f) in paragraph (d) omit "of an Act".

(3) After section 3(2) of the Principal Act insert—

"(2A) The matters referred by sub-section (1) include the matter of the taking, or the making of provision for or in relation to

authorising the taking, of action that would
prevent or interfere with a matter referred to

in sub-section (2)(a), (c) or (d) if—

(a) the Minister of the Crown responsible for the administration of the relevant provision specified in the Schedule; or

Commonwealth Powers (Family Law-Children) (Amendment)
Act 1997

Act No. 59/1997 s. 5

(b) a person authorised, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 of the

Commonwealth—

consents, in writing, to the taking of such
action by way of instituting, or continuing,
proceedings under that Act in a court having

jurisdiction under that Act.".

(4) In section 3(3) of the Principal Act, for paragraph

(c) substitute—
"(c) the references to a provision specified in the

Schedule shall be read as references to the provision as amended and in force from time to time, and as including a reference to any provision or provisions replacing that provision and as amended and in force from time to time.".

5. New Schedule substituted

For the Schedule to the Principal Act substitute—

"SCHEDULE

S. 3

Statutory Provisions

1. Any provision of the Adoption Act 1984. 2. Children and Young Persons Act 1989:

(a)	sections 15, 66(1), 68–70, 73, 74, 77–80B, 83 and 84; and
(b)	section 85 (except section 85(1)(a)(i) and in relation to section 85(1)(a)(ii) only to the extent that the order is subject to a condition relating to where a child is to live); and
(c)	sections 91-95 (but where sections 91–94 and 95(5)(a) and (b) refer to a supervision order, only to

Commonwealth Powers (Family Law-Children) (Amendment)
Act 1997

s. 5 Act No. 59/1997

the extent that the order is subject to a condition

relating to where a child is to live); and

(d)	sections 96–102 (except where section 97(4) includes a protection order that is an undertaking or a supervision order other than a supervision order subject to a condition relating to where a child is to live); and
(e)	sections 104–112 (except where sections 105(2) and 109(3) refer to an undertaking or a supervision order other than a supervision order subject to a condition relating to where a child is to live); and

(f) sections 115–117, 122-124, 126 and 265; and

(g) section 271 (to the extent that that section applies to a person in the care or custody of the Director-General under sub-section (1)(a) or placed or in safe custody under sub-section (1)(ba) or (c)).".

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Commonwealth Powers (Family Law-Children) (Amendment)
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Act No. 59/1997 s. 6

PART 3—CONSEQUENTIAL AMENDMENTS

6. Amendment of Adoption Act 1984

In section 18 of the Adoption Act 1984 for	No. 10150. Reprint No. 3
"Subject to any order that may be made under Part	as at 26 June
VII of the Marriage Act 1958 or under the	1997.
Children (Guardianship and Custody) Act 1984, where" substitute "If".

7. Amendment of Maintenance Act 1965

In the Maintenance Act 1965—	No. 7289. Reprint No. 3
(a) in section 4(1)—	as at 12 May 1994. Further amended by

(i) paragraphs (b), (d), (e), (f), (g) and (h) are repealed;	Nos 23/1994
and 35/1996.

(ii)  in paragraph (i), for "wife husband or child" substitute "wife or husband";

(b) section 5(3)(a) is repealed;

(c) sections 7, 8, 10, 11, 12, 13, 14 and 15 are repealed;

(d) in section 16—

(i)  in sub-section (1)(b), omit "or, in the case of an order for the maintenance of a child, the person for whose benefit the order was made";

(ii)  in sub-section (2), paragraph (a) is repealed;

(e) sections 17 and 19 are repealed;
(f) in section 20(1)—

(i)  for "wife, husband or child of the family" substitute "wife or husband";

(ii)  for "wife husband or child" substitute "wife or husband";

Commonwealth Powers (Family Law-Children) (Amendment)
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s. 8 Act No. 59/1997

(g) sections 21 and 22 are repealed;

(h) in section 26(1)—

(i) in paragraph (a)(i) omit "; or";
(ii) paragraphs (a)(ii) and (b) are repealed;

(iii)  omit "or parent" (where twice occurring);

(iv)  omit ", or the other party and the child, or the child, as the case may be,";

(v)  omit "or the child" (where secondly occurring);

(i) in section 26(2)—

(i) in paragraph (a)(i) omit "; or";
(ii) paragraphs (a)(ii) and (b) are repealed;
(iii) omit "or parent";

(iv)  omit ", the spouse and child or the child as the case may be,";

(v)  omit "or child" (where twice occurring);

(j) sections 31, 33(5), 65 and 66 are repealed;

(k) in section 68, in paragraph (b) of the definition of "maintenance order" omit "Subdivision 6 or";

(l) sections 82(2) and 111 are repealed.

8. Amendment of Marriage Act 1958

No. 6306.	In the Marriage Act 1958—
Reprint No. 5 as at 12 June 1997.	(a) section 132(1) is repealed;
(b) in section 132(2) omit "one hundred and forty-two (so far as it relates to applications by the father of a minor),";
(c) in section 133—

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(i)  omit "the custody or upbringing of a minor, or"; and

(ii) omit "custody upbringing";

(d) in section 135—

(i)

in sub-section (1) omit all words and appointed by the father.";

(ii)

in sub-section (2), omit all words and appointed by the mother.";

(iii)  sub-sections (6), (8) and (9) are repealed;

(e)	in section 138, omit "or any guardian appointed or acting by virtue of this Part";
(f)	sections 140, 141, 142, 143, 144, 145, 146, 147, 149, 150, 151 and 152 are repealed;
(g)	in section 155(2), omit "to the custody control or religious faith of any infant or";

(h) section 159(2) is repealed.

9. Amendment of Status of Children Act 1974

In the Status of Children Act 1974—	No. 8602. Reprint No. 1
(a) section 8(3) is repealed;	as at 20
January 1994.
Further
(b) in section 9(3), omit "or where a court	amended by
makes an order under section 10 or 12 of the	Nos 63/1995, 35/1996 and
Maintenance Act 1965".	43/1996.

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Commonwealth Powers (Family Law-Children) (Amendment)
Act 1997

Notes Act No. 59/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 15 October 1997

The long title for the Bill for this Act was "to amend the Commonwealth Powers (Family Law—Children) Act 1986 with respect to the reference of matters to the Commonwealth Parliament and for other purposes."