Family Law Amendment Act (No. 1) 1998
No. 89, 1998
Family Law Amendment Act (No. 1) 1998
No. 89, 1998
An Act to amend the Family Law Act 1975
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Family Law Act 1975 3
Family Law Amendment Act (No. 1) 1998
No. 89, 1998
An Act to amend the Family Law Act 1975
[Assented to 14 July 1998]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Family Law Amendment Act (No. 1) 1998.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Family Law Act 1975
1 Paragraphs 39(5)(d) and (6)(d)
Omit “111A, 111B or 111C”, substitute “111A or 111B”.
2 At the end of subsection 40(8)
Add “or in relation to jurisdiction conferred on a federal court or a court of a Territory, or invested in a court of a State, by regulations made for the purposes of section 111C”.
3 At the end of Part X
Add:
96A Part does not apply to section 111C jurisdiction
This Part does not apply in relation to jurisdiction conferred on a federal court or a court of a Territory, or invested in a court of a State, by regulations made for the purposes of section 111C.
Note: Those regulations may provide for courts to have jurisdiction in respect of appeals arising from matters dealt with by those regulations: see subsection 111C(5).
4 At the end of section 111C
Add:
(3) The regulations may make such provision as is necessary to give effect to any bilateral agreement or arrangement on the adoption of children made between:
(a) Australia, or a State or Territory of Australia; and
(b) a prescribed overseas jurisdiction.
(4) Regulations made for the purposes of subsection (3) may, in particular:
(a) provide for the recognition of adoptions made under a law of the prescribed overseas jurisdiction; and
(b) provide that the regulations do not affect the operation of laws of a State or Territory that relate to adoptions; and
(c) if a State or Territory has made such a bilateral agreement or arrangement on behalf of other States or Territories—give effect to the agreement or arrangement so far as it relates to all of those States or Territories, or to such of them as the regulations specify.
(5) Regulations made for the purposes of this section may:
(a) confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or
(b) invest a court of a State with federal jurisdiction.
Such jurisdiction is in addition to any other jurisdiction provided for under this Act.
(6) Regulations made for the purposes of subsection (5) may make different provision in respect of matters arising in relation to different States or Territories. (This subsection does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.)
(7) Subsections (4), (5) and (6) of this section do not, by implication, limit subsections (1) and (3) of this section.
(8) In this section, despite subsection 4(1), Territory includes each external Territory.
Note: The heading to section 111C is replaced by the heading “International agreements about adoption etc.”.
[Minister's second reading speech made in
House of Representatives on 24 June 1998
Senate on 1 July 1998]
(99/98)
Overview
The Family Law Amendment Act (No. 1) 1998 was enacted to amend the Family Law Act 1975, responding to identified gaps and issues within the existing family law framework. This legislation was introduced by the Parliament of Australia and received Royal Assent on 14 July 1998. Its primary objective is to enhance the legal provisions concerning family law, specifically addressing areas such as adoption and the jurisdiction of courts in family law matters. The amendments made through this Act aim to refine the legal structure to better serve the needs of families, particularly in cross-jurisdictional and international contexts. The Act focuses on clarifying and updating the jurisdictional scope of courts in family law disputes, ensuring that regulations align with bilateral agreements on adoption, and providing clearer guidelines for the application of family law provisions.
Scope and Application
The Family Law Amendment Act (No. 1) 1998 amends the Family Law Act 1975, applying to individuals and entities involved in family law matters, particularly those relating to adoptions. Its jurisdictional reach extends across the Commonwealth of Australia, affecting federal courts, courts of the territories, and state courts as regulated by the Act. The Act's primary application is to modify the scope of jurisdiction over adoption-related matters, extending it to courts specified by regulations under section 111C. Notably, the Act excludes certain adoption-related provisions from applying to jurisdiction conferred by these regulations. Additionally, the Act allows for the creation of subordinate legislation to implement bilateral agreements concerning the adoption of children between Australia or its states and territories and prescribed overseas jurisdictions, further extending its application and impact.
Key Provisions
The Family Law Amendment Act (No. 1) 1998 (C2004A00343) amends the Family Law Act 1975, primarily affecting the jurisdiction and procedures related to adoptions. Section 1 of the amendment omits certain references in paragraphs 39(5)(d) and (6)(d), replacing "111A, 111B or 111C" with "111A or 111B". Section 2 extends the end of subsection 40(8) to include jurisdiction conferred on a federal court or a court of a Territory, or invested in a court of a State, by regulations made for the purposes of section 111C. Additionally, section 3 adds a new section 96A to the end of Part X, specifying that this Part does not apply to jurisdiction conferred by regulations under section 111C. Section 4 amends section 111C to allow regulations to implement bilateral agreements on adoptions between Australia or its States and Territories and prescribed overseas jurisdictions. These regulations can confer jurisdiction on federal courts or courts of Territories and invest State courts with federal jurisdiction.
The obligations imposed by the Act on parties or entities include adherence to the new jurisdictional provisions concerning adoptions. Specifically, courts and relevant parties must comply with any regulations made under section 111C to facilitate bilateral agreements on adoptions. The Act requires these regulations to provide for the recognition of adoptions made under the laws of prescribed overseas jurisdictions and ensure they do not interfere with State or Territory laws on adoptions. Courts must also operate within the jurisdictional scope defined by these regulations when handling adoption matters.
Breaches of the Act's provisions or regulations may lead to legal consequences. Although the Act does not explicitly state penalties, breaches of regulations or court orders under the Family Law Act 1975 can result in fines or imprisonment. For instance, under section 121 of the Family Law Act, a person found guilty of a contravention of a court order may be liable for a fine of up to $5,200 or imprisonment for up to six months, or both, for a first offence. Subsequent offences can attract more severe penalties, including fines of up to $10,400 or imprisonment for up to one year, or both. These penalties underscore the importance of compliance with the jurisdictional and procedural mandates established by the Family Law Amendment Act (No. 1) 1998.