EXPLANATORY STATEMENT
Minute No. of 1989 - Attorney-General
Subject | Family Law Act 1975 Family Law Regulations (Amendment) 1989 No. 53 |
Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
Section 110 of the Act, relating to overseas maintenance orders, provides for reciprocal arrangements on enforcement with overseas jurisdictions to be declared in the Regulations. Regulation 25 of the Principal Regulations provides that jurisdictions listed in Schedule 2 are declared to be reciprocating jurisdictions.
Sweden has amended its legislation to make it possible for Australian maintenance orders to be recognised and enforced in Sweden. The proposed Regulation will include Sweden in the list of reciprocating jurisdictions in Schedule 2 of the Principal Regulations.
Authority: Subsection 125(1)
and section 110 of the
Family Law Act 1975