Law and Justice Legislation Amendment Act 1992

Administered by Attorney-General's Department

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Law and Justice Legislation Amendment Act 1992

No. 22 of 1992

 

An Act to amend various Acts relating to law and justice, and for related purposes

[Assented to 13 April 1992]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Law and Justice Legislation Amendment Act 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) The amendment of the Commonwealth Places (Application of Laws) Act 1970 made by this Act is taken to have commenced on 1 November 1991.


Amendments of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

__________


 SCHEDULE Section 3

AMENDMENTS OF ACTS

Commonwealth Places (Application of Laws) Act 1970

After subsection 5(2):

Insert:

"(2A) Part 1C of the Crimes Act 1914 does not apply to a member of the police force of a State in relation to, or in relation to matters arising under, the applied provisions.".

Family Law Act 1975

Section 60:

Insert:

" 'child welfare officer', in relation to a State or Territory, means:

(a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or

(b) a person authorised in writing by such a person for the purposes of this Part;".

Subsection 60E(1):

Omit "(4) and (5)", substitute "(4), (5) and (7)".

Subsection 60E(2):

Omit "(4) and (5)", substitute "(4), (5) and (7)".

Section 60E:

Add at the end:

"(6) The Governor-General, by Proclamation, may declare that the amendments of this Part made by the Law and Justice Legislation Amendment Act 1992 extend to a specified State.

"(7) Despite anything else contained in this section, the amendments of this Part made by that Act do not extend to a State unless there is in force such a Proclamation in relation to that State.".


SCHEDULE—continued

Subsection 60H(1):

Omit the subsection, substitute:

"60H.(1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 6) in relation to a child who is under the guardianship, or in the custody or care and control, of a person under a child welfare law unless:

(a) the order is expressed to come into effect when the child ceases to be under such guardianship, or in such custody or care and control, as the case may be; or

(b) the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.".

Paragraph 60H(2)(a):

Omit "in the custody of, or under the guardianship, care and control or supervision of,", substitute "under the guaradianship, or in the custody or care and control, of ".

Paragraph 60H(2)(b):

Add at the end "and".

Paragraphs 60H(2)(c) and (d):

Omit the paragraphs.

After section 66F:

Insert:

Limitation in relation to maintenance proceedings

"66FA. Proceedings in relation to the maintenance of a child who is under the guardianship, or in the custody or care and control, of a person under a child welfare law may only be brought by:

(a) the child; or

(b) a parent of the child who has the daily care and control of the child; or

(c) a relative of the child who has the daily care and control of the child; or

(d) a child welfare officer of the relevant State or Territory.".

Section 117C:

Add at the end:

"(4) A judge of the court mentioned in subsection (1) is not disqualified from sitting in the proceedings only because the fact that


SCHEDULE—continued

an offer has been made is, contrary to subsection (3), disclosed to the court.".

Law Officers Act 1964

Section 9:

Add at the end:

"(2) Where the Attorney-General gives consent to the engaging by the Solicitor-General in the practice of a barrister or solicitor, the Attorney-General is to lay before each House of the Parliament within 15 sitting days of that House after the day on which the consent is given a written statement of the reasons for the giving of the consent.".

Trade Practices Act 1974

Paragraphs 50A(1)(a) and (b):

Omit the paragraphs, substitute:

"(a) either:

(i) as a result of the obtaining by the person of the last-mentioned controlling interest, the person would be, or be likely to be, in a position to dominate a substantial market for goods or services in Australia, in a State or in a Territory; or

(ii) in a case where the person is in a position to dominate such a market:

(A) the body corporate or another body corporate that is related to that body corporate is, or is likely to be, a competitor of the person or of a body corporate that is related to the person; and

(B) the acquisition would, or would be likely to, substantially strengthen the power of the person to dominate that market; and".

Paragraph 50A(1)(c):

Omit "(c) the obtaining", substitute "(b) the obtaining".

__________________________________________________________________________________

[Minister's second reading speech made in—

Senate on 7 November 1991

House of Representatives on 29 November 1991]

Overview

The Law and Justice Legislation Amendment Act 1992 was enacted by the Parliament of Australia to amend various Acts relating to law and justice, including the Commonwealth Places (Application of Laws) Act 1970, the Family Law Act 1975, the Law Officers Act 1964, and the Trade Practices Act 1974, among others. This Act was introduced to address specific gaps and issues within these statutes, including the need to clarify jurisdictional boundaries, enhance procedural protections, and refine definitions to better align with contemporary legal standards and practices. The amendments aim to ensure a more consistent and effective application of laws across different jurisdictions and to address oversights in the initial legislation. The policy objective of this Act, as articulated in the Minister's second reading speeches in both the Senate and the House of Representatives, was to provide clarity and ensure that the legislative framework better supports the administration of justice. By amending existing Acts, the Law and Justice Legislation Amendment Act 1992 sought to rectify inconsistencies, clarify roles and responsibilities, and ensure that the legal processes are fair and just for all parties involved.

Scope and Application

The Law and Justice Legislation Amendment Act 1992 amends various Acts related to law and justice and is applicable to different entities and conduct within Australia. It applies to members of state police forces, child welfare officers, the Family Law Act 1975, the Commonwealth Places (Application of Laws) Act 1970, and the Trade Practices Act 1974. The Act also extends to the Law Officers Act 1964, modifying the circumstances under which the Attorney-General may consent to the engagement of a barrister or solicitor in practice. Geographically, the amendments apply across the Commonwealth, with certain provisions extendable to specified states by proclamation. Exclusions include the application of Part 1C of the Crimes Act 1914 to state police members, and specific conditions are imposed on court orders concerning children under guardianship or care under child welfare laws. The Act allows for further extensions and modifications through subordinate instruments, particularly in relation to child welfare provisions and state proclamations.

Key Provisions

The Law and Justice Legislation Amendment Act 1992 amends several pieces of legislation, including the Commonwealth Places (Application of Laws) Act 1970, the Family Law Act 1975, and the Trade Practices Act 1974, among others. Section 3 of the Act specifies the amendments to be made, which are detailed in the Schedule. For instance, the Commonwealth Places (Application of Laws) Act 1970 is amended to exclude Part 1C of the Crimes Act 1914 from applying to a member of a State police force in relation to the applied provisions (Schedule, after subsection 5(2)). The Family Law Act 1975 is amended to define 'child welfare officer' and to alter the requirements for court orders concerning children under child welfare laws, among other changes (Schedule, section 60 and subsections 60E(1) and 60E(2)). The Act imposes various obligations on the parties it governs. For example, under the amended Family Law Act 1975, courts must ensure that any order made in relation to a child under a child welfare law either comes into effect when the child is no longer under such guardianship or custody or has the written consent of a child welfare officer (Schedule, section 60H(1)). Additionally, the Law Officers Act 1964 is amended to require the Attorney-General to provide a written statement to Parliament within 15 sitting days of giving consent to the engaging by the Solicitor-General in the practice of a barrister or solicitor, detailing the reasons for such consent (Schedule, section 9(2)). Failure to comply with the provisions of the Act can lead to various consequences. For example, under the Trade Practices Act 1974, substantial penalties may be imposed for acquisitions that would result in market domination, with the specifics of these penalties detailed within the Act itself (Schedule, paragraphs 50A(1)(a) and (b)). The maximum penalties for breaches are not explicitly stated in the provided text but are likely detailed within the respective Acts as amended by this legislation. Additionally, under the Family Law Act 1975, unauthorised court orders concerning children under child welfare laws could result in legal repercussions for the court or the parties involved.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.