EXPLANATORY STATEMENT
FAMILY LAW ACT 1975
REGULATIONS (AMENDMENT)
(Statutory Rules 1987 No. 85)
Issued by the Authority of the Attorney-General
Sub-section 125(1) of 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.
Paragraph 110(2)(e) of the Act enables the Family Law Regulations (the Principal Regulations) to make provision for courts having jurisdiction under the Act to accept petitions for maintenance.
Although the Principal Regulations presently provide for the reciprocal enforcement of provisional maintenance orders, they do not make provision for the enforcement of petitions for maintenance remitted by courts of the United States of America that have reciprocal arrangements with Australia and for the Australian courts to make orders in respect of such petitions.
The amending regulations insert regulation 28A prescribing procedures to be followed to give effect to petitions for maintenance received from a court of a reciprocating State of the United States of America.
The amending regulations also make minor changes to the Principal Regulations to ensure that the language used is consistent with the jurisdiction conferred by the Act.