{"id":"F2024L01638","name":"Family Law Regulations 2024","slug":"family-law-regulations-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105528,"registerId":"commonwealth-F2024L01638-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 7","sectionType":"division","heading":"of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.","content":" Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Division 1 Preliminary\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 1 Name\n\n## 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n## 3 Authority\n\n## Division 2 Definitions\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 4 Definitions\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n## 5 Meaning of child welfare law—prescribed State or Territory laws\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n## 6 Meaning of child welfare officer—prescribed State or Territory offices\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n## 7 Meaning of family violence order—prescribed State or Territory laws\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n## 8 Meaning of forfeiture order—declared State and Territory orders\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n## 9 Meaning of income tested pension, allowance or benefit—prescribed pensions, allowances or benefits\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n## 10 Meaning of prescribed overseas jurisdiction\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n## 11 Meaning of restraining order—declared State and Territory orders\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n## 12 Definition of State or Territory proceeds of crime law—declared State or Territory corresponding laws\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n## 13 Meaning of de facto relationship—prescribed laws and relationships\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n## 14 Definition of proceeds of crime authority\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n## Division 3 Directions and orders\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 15 Directions as to practice and procedure\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n## 16 Non‑compliance with this instrument\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n## 17 Court or relevant Registrar may relieve from consequences of non‑compliance\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n## Part 2 Protection of names and symbols\n\n## 18 Protected names\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n## 19 Protected symbols\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n## Part 3 Arbitration\n\n## 20 Purposes of this Part\n\n## 21 Prescribed requirements for arbitrator\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n## 22 Meaning of arbitration agreement\n\n## 23 Disputes, proceedings or matters that may not be arbitrated\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n## 24 Application for referral to arbitration\n\n## 25 Application relating to family law arbitration\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n## 26 Action arbitrator must take before arbitrating a dispute, proceeding or matter\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n## 27 Arbitration agreement\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n## 28 Costs of arbitration\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n## 29 Duties of arbitrator\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n## 30 Oath or affirmation by arbitrator\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n## 31 Suspension of arbitration—failure to comply with direction\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n## 32 Termination of arbitration—inability to take part\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n## 33 Appearance in arbitration\n\n## 34 Attendance of persons to give evidence\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n## 35 Application of rules of evidence\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n## 36 Making an award\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n## 37 Registration of award\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n## 38 Enforcement of registered award\n\n## 39 Registration of decree affecting registered award\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n## Part 4 Family consultants\n\n## 40 Appointment of family consultants\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n## Part 5 Obligations to inform people about non‑court based family services and about court’s processes and services\n\n## 41 Prescribed information about non‑court based family services and court’s processes and services\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n## 42 Prescribed information about reconciliation\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n## 43 Prescribed information about Part VII proceedings\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n## Part 6 Jurisdiction of Courts\n\n## 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n## 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n## 46 Jurisdiction of courts\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n## Part 7 Children\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Division 1 Interpretation—how the family law applies to certain children\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 47 Artificial conception procedures: child of woman and other intended parent—prescribed laws\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n## 48 Artificial conception procedures: child of woman—prescribed laws\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n## 49 Children born under surrogacy arrangements—prescribed laws\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n## Division 2 Family dispute resolution\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 50 Other circumstances in which court is not prevented from hearing an application for Part VII order\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n## Division 3 Obligations under parenting orders relating to taking or sending children from Australia\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 51 Authentication of consent in writing\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n## Division 4 Location and recovery of children\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 52 Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n## Division 5 Orders for information etc. in child‑related proceedings\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 53 Information sharing agencies\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n## 54 Information sharing safeguards\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n## Division 6 Family violence\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 55 Registration of court decision\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n## Division 7 Parentage evidence\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Subdivision A General\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 56 Purposes of this Division\n\n## 57 Application of this Division\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n## 58 Meaning of certain terms relating to parentage testing procedures\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n## 59 Parentage testing procedures\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n## Subdivision B Collection, storage and testing of samples\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 60 Samplers\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n## 61 Provision of information by donor—Form 3\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n## 62 Collection of blood samples\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n## 63 Collection of other bodily samples\n\n## 64 Container to be sealed and labelled\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n## 65 Statement by sampler—Form 4\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n## 66 Packing and storage requirements\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n## 67 Testing of bodily samples\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n## Subdivision C Reports\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 68 Reports—Form 5\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n## Subdivision D Miscellaneous\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 69 Notification of accredited laboratories and nominated reporters\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n## Division 8 Principles for conducting child‑related proceedings: matters relating to evidence\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 70 Evidence relating to professional confidential relationship privilege—specified laws\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n## Division 9 State, Territory and overseas orders\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Subdivision A Registration of State and Territory orders\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 71 State child orders for and in relation to which applicable Rules of Court may make provision—prescribed States\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n## Subdivision B Registration of overseas orders\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 72 Registration of overseas child orders\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n## Subdivision C Transmission of Australian orders to overseas jurisdictions\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 73 Transmission of orders to overseas jurisdiction\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n## Part 8 Orders and injunctions binding third parties\n\n## 74 Third party expenses\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n## Part 9 Registration and enforcement of decrees\n\n## 75 Registration of decrees\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n## 76 Inter‑State enforcement of child bearing expenses order\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n## Part 10 International conventions, international agreements and international enforcement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Division 1 General\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 77 Extension of provisions of the Act\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n## Division 2 Service under the Hague Service Convention\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Subdivision A Preliminary\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n## 78 Purposes of this Division\n\n## 79 Meaning of Convention country and of certain other terms used in this Division\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n## 80 Provisions of this Division to prevail\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n## Subdivision B Service abroad of local judicial documents\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 81 Application of this Subdivision\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n## 82 Application for request for service abroad\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n## 83 How application is to be dealt with\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n## 84 Procedure on receipt of Convention certificate of service\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n## 85 Payment of costs\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n## 86 Evidence of service\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n## Subdivision C Default judgment following service abroad of initiating process\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 87 Application of this Subdivision\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n## 88 Restriction on power to enter default judgment if Convention certificate of service is filed\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n## 89 Restriction on power to enter default judgment if Convention certificate of service is not filed\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n## 90 Setting aside judgment in default of appearance\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n## Division 3 Service in countries that are parties to conventions other than the Hague Service Convention\n\n## 91 Purposes of this Division\n\n## 92 Application of this Division\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n## 93 Meaning of Cooperation Convention and Cooperation Convention country\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n## 94 Service in accordance with Cooperation Convention\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n## 95 Application for request for service abroad\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n## 96 How application is to be dealt with\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n## 97 Procedure on receipt of certificate of service\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n## 98 Payment of costs\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n## 99 Evidence of service\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n## Division 4 Overseas maintenance orders\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## Subdivision A General\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 100 Purposes of this Division\n\n## 101 Meaning of maintenance order—prescribed orders\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n## 102 Reciprocating jurisdictions\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n## 103 Institution of spousal maintenance proceedings\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n## 104 Conversion of foreign currency—overseas maintenance order, agreement or liability\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n## Subdivision B Confirmation of an overseas maintenance order made in a reciprocating jurisdiction\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 105 Provisional overseas maintenance orders made in a reciprocating jurisdiction\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n## 106 Determination of Secretary’s application\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n## 107 Effect of order confirming provisional overseas maintenance order\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n## Subdivision C Confirmation of provisional variation etc. of Australian maintenance order\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 108 Confirmation of provisional variation etc. of Australian maintenance order\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n## Subdivision D Order in response to a United States petition seeking a support order\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 109 United States petition seeking a support order\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n## 110 Determination of Secretary’s application\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n## Subdivision E Australian provisional maintenance order against person in reciprocating jurisdiction\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 111 Provisional maintenance order against person in reciprocating jurisdiction\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n## 112 Provisional maintenance order must be confirmed by a court in the reciprocating jurisdiction\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n## 113 Taking of further evidence\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n## 114 Effect of confirmation of provisional order against person in reciprocating jurisdiction\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n## Subdivision F Enforcement of an overseas maintenance liability\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

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Section 126B of the Evidence Act 1995 (NSW)

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Section 20C of the Evidence Act 1906 (WA)

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Section 126B of the Evidence Act 2001 (Tas.)

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Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 115 Proceedings for enforcement of overseas maintenance liabilities\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n## Subdivision G Cancellation\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 116 Cancellation of Australian maintenance order in reciprocating jurisdiction\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n## 117 Cancellation of overseas maintenance order\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n## Subdivision H Variation etc. of certain overseas maintenance orders, agreements and liabilities\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 118 Purpose of this Subdivision\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n## 119 Party in Australia may apply to vary etc. overseas maintenance order, agreement or liability\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n## 120 Determination of application made in absence of party\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n## 121 Status of variation etc. order\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n## 122 Provisional variation etc. order must be confirmed by court in reciprocating jurisdiction\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n## 123 Taking of further evidence\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n## 124 Effect of confirmation of provisional order against person in reciprocating jurisdiction\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n## Division 5 Convention on the Recovery Abroad of Maintenance\n\n## 125 Purposes of this Division\n\n## 126 Meaning of Recovery Convention, Recovery Convention country and of certain other terms used in this Division\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n## 127 Immunity of Secretary from orders to pay costs\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n## 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n## 129 Proceedings on behalf of persons in Recovery Convention countries for recovery of maintenance\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n## 130 Return of applications\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n## 131 Certain requests to be made only with leave of court\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n## 132 Taking of evidence at request of appropriate authority in Recovery Convention countries\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n## 133 Obtaining evidence in Recovery Convention countries for purposes of proceedings under this Division\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n## 134 Admissibility of evidence given in Recovery Convention countries\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n## 135 Orders of court in Recovery Convention countries\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n## Part 11 Sanctions for failure to comply with orders, and other obligations, that do not affect children\n\n## 136 Prescribed maximum period—sentence or order\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n## Part 12 Declarations and injunctions\n\n## 137 Operation of State and Territory laws—prescribed laws\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n## Part 13 Restriction on communication of accounts and lists of proceedings\n\n## 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n## Part 14 Miscellaneous\n\n## 139 Priority of attachment orders\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n## Part 15 Application, saving and transitional provisions\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 April 2025.

1 April 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n> certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that:\n\n> Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.\n\n> Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.\n\n> Note: The Convention is in Australian Treaty Series 2010 No. 23 (\\[2010\\] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) the Attorney‑General or any other person when intervening in the proceedings, or applying to intervene in the proceedings, under Part IX of the Act; or\n\n> legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.\n\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (i) the Chief Executive Officer and Principal Registrar, within the meaning of the Federal Circuit and Family Court of Australia Act 2021;\n (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> request for service abroad, in relation to service in a Convention country or a Cooperation Convention country, means a request for service in that country of a local judicial document.\n\n (2) For the purposes of subsection (1), the matters are the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.\n (3) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in an item of the following table is prescribed.\n\n

Prescribed child welfare laws

Item

State or Territory law

1

Adoption Act 2000 (NSW)

2

Children and Young Persons (Care and Protection) Act 1998 (NSW)

3

Guardianship Act 1987 (NSW)

4

Adoption Act 1984 (Vic.)

5

Children, Youth and Families Act 2005 (Vic.)

6

Child Wellbeing and Safety Act 2005 (Vic.)

7

Education and Training Reform Act 2006 (Vic.)

8

Mental Health and Wellbeing Act 2022 (Vic.)

9

Adoption Act 2009 (Qld)

10

Child Protection Act 1999 (Qld)

11

Maintenance Act 1965 (Qld)

12

Mental Health Act 2016 (Qld)

13

Public Health Act 2005 (Qld)

14

Youth Justice Act 1992 (Qld)

15

Adoption Act 1994 (WA)

16

Children and Community Services Act 2004 (WA)

17

Children’s Court of Western Australia Act 1988 (WA)

18

Criminal Law (Mental Impairment) Act 2023 (WA)

19

Family Court Act 1997 (WA)

20

Mental Health Act 2014 (WA)

21

School Education Act 1999 (WA)

22

Surrogacy Act 2008 (WA)

23

Young Offenders Act 1994 (WA)

24

Adoption Act 1988 (SA)

25

Children and Young People (Safety) Act 2017 (SA)

26

Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)

27

Family and Community Services Act 1972 (SA)

28

Mental Health Act 2009 (SA)

29

Adoption Act 1988 (Tas.)

30

Children, Young Persons and Their Families Act 1997 (Tas.)

31

Mental Health Act 2013 (Tas.)

32

Youth Justice Act 1997 (Tas.)

33

Adoption Act 1993 (ACT)

34

Children and Young People Act 2008 (ACT)

35

Guardianship and Management of Property Act 1991 (ACT)

36

Mental Health Act 2015 (ACT)

37

Adoption of Children Act 1994 (NT)

38

Care and Protection of Children Act 2007 (NT)

39

Guardianship of Infants Act 1972 (NT)

40

Mental Health and Related Services Act 1998 (NT)

41

Adoption of Children Act 1932 (NI)

42

Child Welfare Act 2009 (NI)

43

Lunacy Act 1932 (NI)

44

Mental Health Act 1996 (NI)

\n```\n\n For the purposes of paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:\n (e) for South Australia—the office of Chief Executive, within the meaning of the Children and Young People (Safety) Act 2017 (SA);\n (i) for Norfolk Island—the office of Child Welfare Officer appointed under section 24 of the Child Welfare Act 2009 (NI).\n\n For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which orders may be made to protect a person from family violence

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n For the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act, each kind of order that is an interstate forfeiture order within the meaning of the Proceeds of Crime Act 2002 is declared to be a forfeiture order.\n\n For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:\n (b) a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991;\n (c) a family tax benefit, within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;\n (d) so much of an allowance under the Aboriginal study assistance scheme, within the meaning of subsection 23(1) of the Social Security Act 1991, as is means tested;\n (e) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;\n\n> Note: For the purposes of subparagraph (g)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change: see subsection 23(25) of the Social Security Act 1991.\n\n (1) For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act, this section declares countries, or parts of a country, outside Australia to be a prescribed overseas jurisdiction for the purposes of provisions.\n (2) Each country, or part of a country, specified in an item of the table in Schedule 1 is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in sections 72 and 73 of this instrument.\n\n (3) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003.\n\n (4) Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:\n\n> Note: This meaning applies in provisions of this instrument that use that defined term or that are made for the purposes of those provisions: see subsection 13(1) of the Legislation Act 2003. For example, this meaning applies in section 146 of this instrument.\n\n For the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act, each kind of order that is an interstate restraining order within the meaning of the Proceeds of Crime Act 2002 is declared to be a restraining order.\n\n For the purposes of the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, each law declared by section 7 of the Proceeds of Crime Regulations 2019 to be a law that corresponds to the Proceeds of Crime Act 2002 is declared to be a law that corresponds to the Proceeds of Crime Act 2002.\n\n (1) For the purposes of paragraph 4AA(2)(g) of the Act, each kind of relationship specified in column 2 of an item of the following table, registrable under the State or Territory law specified in column 1 of that item, is prescribed.\n\n

Prescribed registrable relationships

Item

Column 1

Law

Column 2

Kind of relationship

1

Relationships Register Act 2010 (NSW)

A relationship that may be registered in accordance with Part 2 of that Act

2

Relationships Act 2008 (Vic.)

A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act

3

Civil Partnerships Act 2011 (Qld)

A relationship that may be entered into in accordance with sections 4 and 5 of that Act

4

Relationships Register Act 2016 (SA)

A relationship that may be registered in accordance with Part 2 of that Act

5

Relationships Act 2003 (Tas.)

A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act

6

Domestic Relationships Act 1994 (ACT)

A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act

7

Births, Deaths and Marriages Registration Act 1997 (ACT)

A civil union that must be registered under section 32A of that Act

\n```\n\n Prescribed laws for orders etc, relating to maintenance, declarations of property interests and alterations of property interests relating to de facto relationships\n (2) For the purposes of paragraph 90SB(d) of the Act, each State or Territory law specified in column 1 of an item of the table in subsection (1) of this section is prescribed.\n\n (1) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (2) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—restraining orders

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

4

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

5

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 (Vic.)

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

11

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

13

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

14

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

15

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

16

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

17

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

18

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

19

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (3) For the purposes of subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.\n\n

Proceeds of crime authorities—forfeiture applications

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 (NSW)

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 (NSW)

3

The DPP, within the meaning of the Confiscation Act 1997 (Vic.)

4

An appropriate officer, within the meaning of the Confiscation Act 1997 (Vic.)

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) or (2A) of the Confiscation Act 1997 (Vic.)

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 (Vic.)

7

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

8

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld), for the purposes of subparagraph 12(1)(a)(ii) of that Act

9

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 (Qld)

10

The CCC, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 (WA)

12

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 (SA)

13

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 (Tas.)

14

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 (ACT)

15

The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

16

A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 (NT)

\n```\n\n (a) the provisions of the Act, this instrument and the applicable Rules of Court do not make adequate provision for practice and procedure; or\n the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.\n (2) When making a direction under this section, the court must consider facilitating the just resolution of the dispute, proceedings or matter:\n (b) in relation to proceedings under the family law in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and\n\n (1) Non‑compliance with this instrument, or with a rule of practice or procedure in a court exercising jurisdiction under the family law, does not render proceedings in that court void unless the court so directs.\n (e) whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with this instrument; and\n\n (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with this instrument, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a relevant Registrar; and\n (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and\n (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of this instrument.\n\n> Note: It is an offence to use etc. a protected name without the Minister’s consent. This includes a name so closely resembling a protected name as to be likely to be mistaken for it: see section 9A of the Act.\n\n (3) Each domain name that includes one of the names in subsection (2) and one of the following domain extensions is prescribed:\n\n The following table sets out designs of symbols for the purposes of the definition of protected symbol in subsection 9A(4) of the Act.\n\n> Note: It is an offence to use etc. a protected symbol without the Minister’s consent. This includes a symbol so closely resembling a protected symbol as to be likely to be mistaken for it: see section 9A of the Act.\n\n

Protected symbols

Item

Symbol

1

\"Four

2

\"Four

3

\"Four

4

FAMILY RELATIONSHIP CENTRE: HELPING FAMILIES BUILD BETTER RELATIONSHIPS

5

HELPING FAMILIES BUILD BETTER RELATIONSHIPS

6

\"Round

7

\"A

8

\"A

\n```\n\n (1) For the purposes of the definition of arbitrator in section 10M of the Act, this section prescribes the requirements that must be met for a person to be an arbitrator.\n (2) The person’s name must be included in a list (the list), kept by the Law Council of Australia or by another body nominated by the Law Council of Australia, of persons who are prepared to provide arbitration services under the family law.\n (3) At the time of applying to be included in the list, the person must give a statutory declaration to the body keeping the list to the effect that the person meets the requirements mentioned in subsection (4).\n (b) the person must have, for at least 5 of those years, spent at least 25% of the person’s time in such practice or office on family law matters; and\n (c) the person must have gained the necessary experience in family law matters that is sufficient for the person to be an arbitrator; and\n (d) the person must have successfully completed specialist arbitration training conducted by a tertiary institution or a professional association of arbitrators.\n (d) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));\n (e) the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia;\n\n (c) the person must maintain the necessary experience in family law matters that is sufficient for the person to be an arbitrator.\n (8) Within a month of the end of each 2‑year period mentioned in subsection (6), the person must give a statutory declaration to the body that keeps the list to the effect that the person has met the requirements of that subsection for that period.\n (9) For the purposes of paragraph (6)(a), continuing professional development undertaken in a State or Territory by a person who does not hold a practising certificate must be of at least a similar standard to the continuing professional development required to be undertaken, in that State or Territory, as a condition of a legal practitioner’s practising certificate.\n\n Disputes, proceedings or matters with respect to a maintenance agreement that has been approved under section 87 of the Act and the approval of which has not been revoked must not be dealt with by arbitration under the family law.\n\n (1) An application, under subsection 13F(1) of the Act, for an order to facilitate the effective conduct of family law arbitration must be in accordance with Form 7 in Schedule 3.\n\n (b) the arbitrator is satisfied that the parties have made an arbitration agreement in accordance with the requirements of section 27 of this instrument.\n\n (c) give details of the arrangements agreed by the parties in relation to the payment of the costs of the arbitration; and\n (d) include a statement to the effect that each party agrees to pay the party’s agreed share of the costs of the arbitration within 28 days, or another specified period agreed by the parties and the arbitrator, after an award has been made; and\n (i) is to the effect that the party has been provided, before the arbitration agreement was signed by that party, with legal advice from a legal practitioner on a draft agreement that meets the requirements in paragraphs (a) to (d); and\n (f) information about how the arbitration will be conducted (for example, information about the exchange of documents and witness statements, scheduling and receiving expert evidence);\n (h) the estimated costs of the arbitration, including the costs of any disbursements that may be incurred in respect of the arbitration (for example, hire of a venue for the arbitration).\n (a) any rule that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law; or\n (b) section 23 of this instrument, or any other provision that prescribes, for the purposes of paragraph 123(1)(sc) of the Act, as applied by paragraph 125(1)(bc) of the Act, a dispute, proceedings or a matter that may or may not be arbitrated under the family law.\n\n The costs of family law arbitration are to be shared equally between the parties to the arbitration unless the parties agree, in writing, otherwise.\n\n (1) In family law arbitration, an arbitrator must determine the issues in dispute between the parties to the arbitration in accordance with the family law.\n (2) An arbitrator must conduct family law arbitration with procedural fairness (for example, giving each party to the arbitration a reasonable opportunity to be heard and to respond to anything raised by another party).\n (3) An arbitrator must inform each party, in writing, if during the arbitration, the arbitrator becomes aware of anything that could lead to direct or indirect bias in favour of or against any party.\n\n I, \\[name of arbitrator\\], do swear by Almighty God \\[or solemnly and sincerely affirm and declare\\] that I will not disclose to any person any communication or admission made to me in my capacity as arbitrator, unless I reasonably believe that it is necessary for me to do so:\n (e) if a child is separately represented by a person under an order under section 68L of the Act—to assist the person to represent the child properly.\n\n If a party to family law arbitration does not comply with a procedural direction given by the arbitrator, the arbitrator:\n (b) if the failure to comply exceeds 14 days, must, for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n\n (1) If an arbitrator determines that a party to family law arbitration does not have the ability to take part in the arbitration, the arbitrator must:\n (b) for an arbitration ordered under subsection 13E(1) of the Act, refer the matter to the court that ordered the arbitration.\n (2) For the purposes of subsection (1), a person who is a party to family law arbitration does not have the ability to take part in the arbitration if:\n\n (2) A party to family law arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):\n\n> Note: If a person does not comply with a requirement under subsection (1), or with a subpoena issued under subsection (2), in relation to family law arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration: see subsections 13E(2) and 13F(3) of the Act.\n\n (2) In conducting family law arbitration, an arbitrator is not bound by the rules of evidence but may inform himself or herself on any matter in any way that the arbitrator considers appropriate.\n\n (b) if the award was made in an arbitration ordered under subsection 13E(1) of the Act—inform the court that ordered the arbitration that:\n\n (1) For the purposes of paragraph 125(1)(bba) of the Act, this section sets out the requirements for the registration of awards made in family law arbitration.\n (2) An application made under subsection 13H(1) of the Act to a court for the registration of an award made in family law arbitration must be in accordance with Form 8 in Schedule 3.\n (4) If the applicant has complied with the requirements in this section, the court must register the award under subsection 13H(1) of the Act.\n\n (1) If a decree is made by a court under section 13J or 13K of the Act in relation to a registered award, the party who registered the award must apply for registration of the decree in the court in which the award is registered.\n\n For the purposes of paragraph 11B(c) of the Act, the Chief Executive Officer may, in writing, appoint a family consultant.\n\n For the purposes of section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:\n (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and\n (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and\n\n For the purposes of section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.\n\n> Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.\n\n For the purposes of section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.\n\n> Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.\n\n#### 44 Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories\n\n (1) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:\n (2) For the purposes of subsection 40(1) of the Act, from 1 April 2025, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:\n (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;\n (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;\n (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the family law;\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n#### 45 Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court\n\n For the purposes of section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following:\n\n (2) To the extent that subsections 39(5) and (6) and section 69H of the Act do not invest the courts of a State or Territory mentioned in those provisions with federal jurisdiction, or confer jurisdiction on a federal court mentioned in those provisions, for proceedings covered by subsection (3) of this section, the relevant courts are invested with jurisdiction, or jurisdiction is conferred on them for those proceedings, by this section.\n\n For the purposes of subparagraph 60H(1)(b)(ii) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman and of the other intended parent

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 10C, 10D, 10E, 13 and 14 of the Status of Children Act 1974 (Vic.)

3

Sections 17, 18, 19, 19C, 19D and 19E of the Status of Children Act 1978 (Qld)

4

Sections 5, 6 and 6A of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Sections 5C, 5D and 5DA of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of paragraph 60H(2)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which a child is a child of a woman

Item

Commonwealth, State or Territory law

1

Section 14 of the Status of Children Act 1996 (NSW)

2

Sections 15 and 16 of the Status of Children Act 1974 (Vic.)

3

Section 23 of the Status of Children Act 1978 (Qld)

4

Section 5 of the Artificial Conception Act 1985 (WA)

5

Section 10C of the Family Relationships Act 1975 (SA)

6

Section 10C of the Status of Children Act 1974 (Tas.)

7

Section 11 of the Parentage Act 2004 (ACT)

8

Section 5C of the Status of Children Act 1978 (NT)

9

Section 13 of the Status of Children Act 2012 (NI)

\n```\n\n For the purposes of subsection 60HB(1) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws under which court order as to parentage may be made

Item

State or Territory law

1

Section 12 of the Surrogacy Act 2010 (NSW)

2

Section 22 of the Status of Children Act 1974 (Vic.)

3

Section 22 of the Surrogacy Act 2010 (Qld)

4

Section 21 of the Surrogacy Act 2008 (WA)

5

Section 18 of the Surrogacy Act 2019 (SA)

6

Section 10HB of the Family Relationships Act 1975 (SA), as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)

7

Sections 16 and 22 of the Surrogacy Act 2012 (Tas.)

8

Section 26 of the Parentage Act 2004 (ACT)

9

Section 34 of the Surrogacy Act 2022 (NT)

\n```\n\n For the purposes of paragraph 60I(9)(f) of the Act, the circumstance specified is that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed.\n\n (1) This section prescribes how consent in writing is to be authenticated for the purposes of subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act.\n (2) A consent in writing must be authenticated by a prescribed person (within the meaning of the Statutory Declarations Act 1959) endorsing on the consent a statement that:\n\n (1) For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:\n\n> Education Department means the Department administered by the Minister administering the Tertiary Education Quality and Standards Agency Act 2011.\n\n> Foreign Affairs Department means the Department administered the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.\n\n> Social Services Department means the Department administered by the Minister administering section 1 of the Social Security Act 1991.\n\n> Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.\n\n (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;\n (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;\n (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;\n (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or\n (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.\n\n (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and\n (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.\n\n (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:\n (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).\n (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.\n (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.\n (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:\n (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:\n (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter;\n then, subject to subsection (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.\n (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and\n (10) Subsections (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.\n\n (1) For the purposes of subsection 68R(6) of the Act, this section provides for the registration of a decision if, in proceedings to make or vary a family violence order, a court:\n (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act that was made or granted by another court.\n\n (2) The relevant Registrar of the court must send a copy of the decision mentioned in paragraph (1)(b), sealed with the seal of the court or otherwise endorsed by an officer of the court, to the relevant Registrar of the other court as soon as practicable.\n\n This Division applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.\n\n> Note: Parentage testing orders are made under subsection 69W(1) of the Act. Associated orders relating to the parentage testing procedure may be made under section 69X of the Act.\n\n> nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.\n\n (1) For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the medical procedure in subsection (2) of this section is prescribed.\n (b) at a laboratory that is accredited by the National Association of Testing Authorities Australia for the purpose of carrying out parentage testing procedures; and\n\n (b) the person is employed by a hospital, a pathology practice, a parentage testing practice, or a registered medical practitioner, for the purpose of taking a bodily sample from a donor.\n\n (1) Before a sampler takes a bodily sample from a donor, the procedure in subsection (2) must have been complied with by the following person (the applicable person):\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or\n\n> Note: The photograph required by subparagraph (b)(i) is in addition to the photograph that is required under subparagraph (a)(i) to be attached to Form 3 in Schedule 3.\n\n (3) Before taking the sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.\n\n (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container;\n (b) if the donor is a child under the age of 18 years—a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development; or\n (i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to the donor; or\n (ii) a parent of the donor, a guardian of the donor or a person who, under a parenting order, has responsibility for the donor’s long‑term or day‑to‑day care, welfare and development.\n\n (c) sign the sampler’s name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.\n\n (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n\n A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed within a period after the sample is taken that is reasonable, having regard to the need for accuracy of the results of the parentage testing procedure.\n\n (1) For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this section, relating to the information obtained as a result of carrying out a parentage testing procedure.\n\n (1) The National Association of Testing Authorities Australia (NATA) must, for each financial year, prepare a list of all laboratories that are accredited by NATA to carry out parentage testing procedures and each laboratory’s nominated reporter.\n (4) If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subsection (2).\n\n For the purposes of paragraph 69ZX(4)(b) of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws relating to professional confidential relationship privilege

Item

State or Territory law

1

Section 126B of the Evidence Act 1995 (NSW)

2

Section 20C of the Evidence Act 1906 (WA)

3

Section 126B of the Evidence Act 2001 (Tas.)

4

Section 126B of the Evidence Act 2011 (ACT)

\n```\n\n> Note: In Subdivision B of Division 13 of Part VII of the Act, State, includes a Territory: see subsection 4(1) of the Act.\n\n (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.\n\n (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:\n (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.\n (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:\n (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.\n (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.\n\n (8) If a court (the Australian court) exercising jurisdiction as permitted by section 70J of the Act substantially varies the order registered under this section, the relevant Registrar of the Australian court must send to the court, or appropriate authority, in the prescribed overseas jurisdiction:\n (9) This section does not prevent a court that has jurisdiction under the family law from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:\n\n (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and\n (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.\n\n may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.\n (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:\n (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and\n (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and\n\n (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:\n (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:\n (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.\n\n (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.\n (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.\n (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.\n\n> Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:\n\n (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.\n\n (1) For the purposes of subsection 105(2) of the Act, a decree (other than a divorce order or a decree of nullity of marriage) made by a court (the first court) may be registered in another court, that has jurisdiction under the family law, by filing in the other court a copy of the decree that has been sealed with the seal of the first court or otherwise endorsed by an officer of the first court.\n (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or\n\n (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and\n (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:\n (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and\n (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.\n (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and\n (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:\n (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and\n (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:\n (b) cause a certified copy of the order to be served on the person against whom the order has been made, together with a notice of registration of the order in the receiving court:\n\n (7) If it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in that State or Territory, and is resident in or proceeding to another State or Territory, the relevant Registrar of the receiving court must:\n (b) give the relevant Registrar of the requesting court such information as the relevant Registrar of the receiving court possesses concerning the whereabouts and intended movements of that person.\n (8) On receipt of a request, in writing, from the relevant Registrar of the requesting court, that the order no longer be enforceable, the relevant Registrar of the receiving court must cancel the registration of the order.\n (b) the order remains unenforceable in the receiving court unless and until it is again registered in the receiving court; and\n (c) every warrant or other process arising out of the registration of the order in the receiving court ceases to have force or effect.\n\n (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:\n (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.\n (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.\n\n> Note 1: This Division forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).\n\n> Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.\n\n> Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.\n\n> Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.\n\n (a) for the time being designated by the Convention country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the Convention country; and\n\n> Convention certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.\n\n> Convention certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.\n\n> forwarding authority, for a Convention country, means the authority that is competent under the law of the Convention country to forward requests for service abroad under Article 3 of the Hague Service Convention.\n\n> initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.\n\n The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of this instrument.\n\n (2) This Subdivision does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.\n\n (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.\n (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the Convention country, requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served.\n (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and\n (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to be countersigned by the Central Authority for the Convention country.\n (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the applicant has asked for the request to be forwarded to a nominated Convention additional authority for the Convention country in which service of the local judicial document is to be effected—to the nominated Convention additional authority; or\n (ii) in any other case—to the Central Authority for the Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 82(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 82, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a Convention certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested; and\n (c) if the applicant requires a certificate of service that is completed by an Convention additional authority to be countersigned by the Central Authority for the Convention country—it has been countersigned.\n (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.\n (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 84(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A Convention certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 84(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Convention country in which service was effected.\n\n This Subdivision applies to civil proceedings under the family law for which an initiating process has been forwarded following a request for service abroad to the Central Authority, or to a Convention additional authority, for a Convention country.\n\n (a) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service was effected; and\n (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or\n (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant’s residence) and that method is compatible with the law in force in the Convention country—by that method; or\n (iii) if the applicant did not request a particular method of service—in circumstances where the defendant accepted the document voluntarily; and\n (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.\n (a) 42 days from the date specified in the Convention certificate of service in relation to the initiating process as the date on which service of the process was effected; or\n (b) such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.\n\n (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;\n (a) the initiating process was forwarded to the Central Authority, or to a Convention additional authority, for the Convention country in which service of the initiating process was requested; and\n (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and\n\n (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.\n (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and\n (b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.\n\n This Division applies to the service of a local judicial document in a Cooperation Convention country for a Cooperation Convention, subject to the provisions of the Cooperation Convention.\n\n> Cooperation Convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.\n\n> Cooperation Convention country, for a Cooperation Convention, means a country, other than Australia, that is a party to the Cooperation Convention.\n\n If the Cooperation Convention provides that a document may be served in a Cooperation Convention country, for the Cooperation Convention, only in accordance with the Cooperation Convention, the document must be served in accordance with this Division.\n\n (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.\n (d) if, under the Cooperation Convention, a relevant authority of the Cooperation Convention country requires the local judicial document to be served to be written in, or translated into, an official language of that country—a translation into that language of both the document to be served and the summary of the document to be served;\n (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);\n (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.\n (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.\n (4) If required under the Cooperation Convention, the application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:\n (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Cooperation Convention country in which the document is to be served; or\n (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and\n (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 97(3); and\n (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and\n (c) must be addressed to a relevant authority for the Cooperation Convention country in which the person is to be served.\n (6) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:\n\n (i) if the Cooperation Convention requires that requests only be forwarded by a nominated Australian authority to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the nominated Australian authority; or\n (ii) if subparagraph (i) does not apply and the applicant has asked for the request to be forwarded to a particular relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected—to the relevant authority; or\n (iii) in any other case—to a relevant authority for the Cooperation Convention country in which service of the local judicial document is to be effected.\n (d) if required under paragraph 95(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c) of this subsection.\n (3) If not satisfied that the application or any of its accompanying documents comply with section 95, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.\n\n (1) Subject to subsection (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:\n (2) For the purposes of subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.\n (3) If the undertaking mentioned in subsection 95(4) has been given, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subsection (1), the relevant Registrar must send to the legal practitioner or applicant a notice specifying the amount of those costs.\n (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.\n (b) to the extent to which the security so given is inadequate to cover those costs—an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.\n\n (1) On receipt of a notice under subsection 97(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.\n (a) except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and\n\n A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subsection 97(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:\n (b) if that method of service was requested by the applicant—that method is compatible with the law in force in the Cooperation Convention country in which service was effected.\n\n For the purposes of paragraph (e) of the definition of maintenance order in subsection 110(1) of the Act, an order made under section 67D or 67E of the Act is a maintenance order.\n\n Each of the countries and parts of countries specified in the table in Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 110 of the Act.\n\n (2) The Secretary may, in the Secretary’s discretion, institute and prosecute proceedings with respect to the maintenance of a party to a marriage, on behalf of that party.\n\n (ii) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (2) An amount expressed in a foreign currency in any of the following documents is taken to refer to the equivalent amount, expressed in Australian dollars, worked out under subsection (3):\n (a) the overseas maintenance order or overseas maintenance agreement, or a certificate or notice originating in an overseas jurisdiction about the order or agreement;\n (a) if an equivalent amount expressed in Australian dollars has been ascertained for the purposes of the Child Support Register established by the Child Support (Registration and Collection) Act 1988—that equivalent amount; or\n (i) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day on which the Secretary receives the document; or\n (ii) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Secretary considers appropriate.\n\n (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and\n (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and\n (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and\n (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.\n (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.\n (5) If the court confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that decision.\n (6) The court must not determine the application if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n If the provisional overseas maintenance order is confirmed (with or without modification), it is enforceable in Australia, as so confirmed, and has effect in Australia as if it were an order made under the Act.\n\n (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:\n (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.\n\n (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.\n (5) A provisional order that is confirmed (with or without modification) under this section has effect in Australia as if it were an order made under the Act.\n\n (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and\n (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and\n (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.\n (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.\n\n (4) An application must not be made if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or\n (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.\n (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or\n (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.\n (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.\n (6) The court must not determine the application if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.\n (2) This section applies even if the respondent has not been served with the application and has not consented to the order.\n (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.\n (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n\n (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.\n (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and\n (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:\n (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation and enforcement of a provisional order made by a court (the Australian court) under subsection 111(3); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 111(3).\n (3) In proceedings arising out of or relating to the order, it must be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time the order was confirmed.\n\n (1) This section is about enforcement proceedings for an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act.\n (3) The Act, this instrument and the applicable Rules of Court, so far as they are applicable, and with such modifications as are necessary, apply in relation to the proceedings.\n (a) by the person who would be entitled to take proceedings if the liability were an order under Part VII or VIII of the Act, as mentioned in subsection (2); or\n\n (a) a maintenance order made in Australia is, under the law of a reciprocating jurisdiction, enforceable in the reciprocating jurisdiction; and\n (i) the court (the Australian court) in which the maintenance order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or is not proceeding to, the reciprocating jurisdiction; or\n (ii) it appears to the Australian court that there is some good reason why the maintenance order should no longer be enforceable in the reciprocating jurisdiction.\n (2) The Australian court may direct that steps be taken to cancel the registration of the order in the reciprocating jurisdiction.\n (3) If the Australian court directs under subsection (2) that steps be taken to cancel the registration of an order in a jurisdiction:\n (b) the relevant Registrar of the Australian court must send to a court, or another relevant authority, in the reciprocating jurisdiction a request, in writing, that the order be no longer enforceable in the reciprocating jurisdiction.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and\n (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or\n (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.\n (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or\n (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.\n (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.\n (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:\n (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;\n (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.\n\n Unless otherwise stated, each section in this Subdivision is made for the purposes of sections 89, 110 and 110A of the Act.\n\n (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;\n (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;\n (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.\n (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.\n (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or\n (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.\n\n (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.\n (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.\n\n (a) the applicant is the person against whom a maintenance order mentioned in paragraph 119(1)(a) was made or the person who is liable to make payments because of a liability mentioned in paragraph 119(1)(c) or (d); and\n (c) the application is made within 6 months after the applicant was given notice that the order or liability is enforceable in Australia.\n (2) In proceedings with respect to the application, it is open to the applicant to raise any matter that the applicant could have raised under Part VII or VIII of the Act if the proceedings giving rise to the order or to the liability had been heard in Australia.\n\n (1) An order made under subsection 119(4) is provisional if it relates to an overseas maintenance order, overseas maintenance agreement, overseas maintenance liability or registrable overseas maintenance liability made in any of the following reciprocating jurisdictions:\n\n (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.\n (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and\n (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.\n (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:\n\n (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and\n (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.\n (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:\n (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.\n\n (1) This section applies if a court in a reciprocating jurisdiction confirms (with or without modification) a provisional order made under subsection 119(4).\n\n> Note: The Convention is in Australian Treaty Series 1985 No. 12 (\\[1985\\] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (a) a reference to payment of money for the maintenance of a child includes a reference to payment of money for the education of that child; and\n (b) a reference to proceedings under this Division in a court includes a reference to proceedings on appeal from original proceedings under this Division.\n\n The Secretary must not be made subject to any order to pay costs in respect of the exercise of a power, or performance of a function, conferred on the Secretary under this Division.\n\n#### 128 Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law\n\n (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or\n (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.\n (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.\n (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.\n (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.\n\n (3) A court must not make a maintenance order in proceedings under this Part if an application could properly be made at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.\n (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.\n (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.\n (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General’s Department acting on behalf of the claimant whose name must be set out in the document.\n\n (a) an application mentioned in subsection 128(1) is received from a Transmitting Agency in a Recovery Convention country in relation to maintenance to be paid by a person; and\n (b) in relation to the application, a summons or other document that requires the person to appear in proceedings under this Division cannot be served on the person.\n (b) send the Transmitting Agency a statement giving whatever information the Secretary has been able to obtain concerning the whereabouts of that person.\n\n Notwithstanding any other provision of this instrument, in order to prevent proceedings under this Division from being unduly protracted, a respondent must not seek, without leave of the court:\n\n (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:\n (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.\n (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.\n (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:\n (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.\n\n (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.\n (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.\n (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.\n\n (a) to set out or summarise evidence given in proceedings in a court in a Recovery Convention country and to have been signed by the person before whom the evidence was given; or\n (b) to set out or summarise evidence taken in a Recovery Convention country for the purpose of proceedings under this Division (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or\n (c) to have been received as evidence in proceedings in a court in a Recovery Convention country and to have been signed by a judge or other officer of the court;\n is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceedings, without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.\n\n For the purposes of the definition of maximum period in subsection 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.\n\n For the purposes of section 114AB of the Act, each of the laws specified in an item of the following table is prescribed.\n\n

Prescribed laws that are capable of operating concurrently

Item

State or Territory law

1

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

2

Property (Relationships) Act 1984 (NSW)

3

Family Violence Protection Act 2008 (Vic.)

4

Domestic and Family Violence Protection Act 2012 (Qld)

5

Restraining Orders Act 1997 (WA)

6

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

7

Sentencing Act 2017 (SA)

8

Family Violence Act 2004 (Tas.)

9

Justices Act 1959 (Tas.)

10

Family Violence Act 2016 (ACT)

11

Domestic and Family Violence Act 2007 (NT)

12

Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)

\n```\n\n#### 138 When a communication is not a communication to the public—prescribed authorities of States or Territories that have responsibilities relating to the welfare of children\n\n For the purposes of paragraph 114S(2)(c) of the Act, each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed:\n\n (2) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by:\n\n> Note: The repealed Act is the Matrimonial Causes Act 1959: see the definition of repealed Act in subsection 4(1) of the Act.\n\n (3) Subsection (2) does not apply to moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment.\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 140 Transition from the Family Law Regulations 1984\n\n (b) that started before that commencement and continues on and after that commencement (as the dispute, proceedings or matter so continues).\n (2) Despite paragraph (1)(b), a court exercising jurisdiction under the family law in relation to such a continued dispute, proceedings or matter may order that a provision of the Family Law Regulations 1984, as in force immediately before that commencement, is to apply, with or without modification, to the doing of a thing on or after that commencement for the purposes of the dispute, proceedings or matter.\n\n## 141 Things done under the Family Law Regulations 1984\n\n (a) a thing was done for a particular purpose under the Family Law Regulations 1984, as in force immediately before the commencement of this instrument; and\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an application, direction, notice, order or other instrument being given or made.\n\n## 142 Conduct, event or circumstance occurring before commencement of this instrument\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement of this instrument.\n (2) This section does not limit this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\n## 143 Directions and relief relating to non‑compliance\n\n Sections 16 and 17 apply in relation to non‑compliance, or the need to comply, with the Family Law Regulations 1984, as in force immediately before the commencement of this instrument, in the same way as they apply in relation to non‑compliance, or the need to comply, with this instrument.\n\n## 144 Saving of certain provisions of the Family Law Regulations 1984\n\n Despite the repeal of the Family Law Regulations 1984, regulation 15 of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an order that was in force immediately before that commencement.\n\n## 145 Arbitration matters\n\n (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person’s name is included in the list mentioned in that subsection.\n (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.\n (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:\n (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or\n (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or\n (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.\n (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.\n (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:\n (a) before the commencement of this instrument, a party brings a matter to the court’s attention under subregulation 67Q(3) of the Family Law Regulations 1984: and\n (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.\n\n## 146 Cancellation of registration of overseas maintenance agreement registered before 1 July 2000\n\n (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:\n (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.\n\n (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.\n (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.\n (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.\n\n## 147 Continuation of appointment of family consultants\n\n An appointment of a family consultant made under regulation 7 of the Family Law Regulations 1984 and in force immediately before the commencement of this instrument continues in force (and may be dealt with) on and after that commencement as if it had been made under section 40 of this instrument.\n\n## 148 Continuation of list of accredited laboratories and nominated reporters\n\n A list prepared by NATA made under regulation 21N of the Family Law Regulations 1984 for the financial year in which this instrument commences, and in force immediately before the commencement of this instrument, continues in force (and may be dealt with) on and after that commencement as if it had been made under section 69 of this instrument.\n\n## 149 Parentage testing procedures\n\n Division 7 of Part 7 applies in relation to the carrying out of a parentage testing procedure on or after the commencement of this instrument, whether the order requiring the procedure to be carried out was made before, on or after that commencement.\n\n## 1 Prescribed overseas jurisdictions\n\n#### 1 Prescribed overseas jurisdictions\n\n The following table specifies countries and parts of countries for the purposes of section 10.\n\n

Prescribed overseas jurisdictions

Item

Country or part of a country

Part 1—Countries

1

Austria

2

New Zealand

3

Papua New Guinea

4

Switzerland

Part 2—Parts of the United States of America

5

Alabama

6

Alaska

7

Arizona

8

Arkansas

9

California

10

Colorado

11

Connecticut

12

Delaware

13

District of Columbia

14

Florida

15

Georgia

16

Hawaii

17

Idaho

18

Illinois

19

Indiana

20

Iowa

21

Kansas

22

Kentucky

23

Louisiana

24

Maine

25

Maryland

26

Massachusetts

27

Michigan

28

Minnesota

29

Mississippi

30

Montana

31

Nebraska

32

Nevada

33

New Hampshire

34

New Jersey

35

New York

36

North Carolina

37

North Dakota

38

Ohio

39

Oklahoma

40

Oregon

41

Pennsylvania

42

Rhode Island

43

South Carolina

44

Tennessee

45

Texas

46

Utah

47

Vermont

48

Virginia

49

Washington

50

West Virginia

51

Wisconsin

52

Wyoming

\n```\n\n","sortOrder":0},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reciprocating jurisdictions etc.","content":"Schedule 2—Reciprocating jurisdictions etc.\n\nNote: See sections 10, 77 and 102.\n\n## 1 Reciprocating jurisdictions etc.\n\n#### 1 Reciprocating jurisdictions etc.\n\n (a) specifies countries and parts of countries as reciprocating jurisdictions for the purposes of sections 10 and 102; and\n (b) to the extent it refers to foreign countries or parts of foreign countries—specifies those foreign countries or parts for the purposes of section 77.\n\n

Reciprocating jurisdictions etc.

Item

Country or part of a country

1

Austria

2

Belarus

3

Belgium

4

Brunei Darussalam

5

The following Provinces and Territories of Canada:

(a) the Canadian Province of Alberta;

(b) the Canadian Province of British Columbia;

(c) the Canadian Province of Manitoba;

(d) the Canadian Province of New Brunswick;

(e) the Canadian Province of Newfoundland and Labrador;

(f) the Canadian Province of Nova Scotia;

(g) the Canadian Province of Ontario;

(h) the Canadian Province of Prince Edward Island;

(i) the Canadian Province of Saskatchewan;

(j) the Canadian Territory of Northwest Territories;

(k) the Canadian Territory of Nunavut;

(l) the Canadian Territory of Yukon.

6

Colombia

7

Cook Islands

8

Cyprus

9

Czech Republic

10

Denmark

11

Estonia

12

Fiji

13

France

14

Germany

15

Gibraltar

16

Hong Kong

17

India

18

Italy

19

Kazakhstan

20

Kenya

21

Lithuania

22

Luxembourg

23

Malawi

24

Malaysia

25

Malta

26

Nauru

27

Netherlands

28

New Zealand

29

Niue

30

Norway

31

Papua New Guinea

32

Poland

33

Portugal

34

Republic of Ireland

35

Samoa

36

Sierra Leone

37

Singapore

38

Slovak Republic

39

South Africa

40

Spain

41

Sri Lanka

42

Sweden

43

Switzerland

44

Tanzania (excluding Zanzibar)

45

Territory of Christmas Island

46

Territory of Cocos (Keeling) Islands

47

Trinidad and Tobago

48

Türkiye

49

United Kingdom, including Alderney, Guernsey, Isle of Man, Jersey and Sark

50

United States of America

51

Zambia

52

Zimbabwe

\n```\n\n## Part 1 International Conventions\n\n## Part 1—International Conventions\n\nNote: See sections 82, 84 and 95.\n\n## Form 1—Request for service abroad of jud Form 1—Request for service abroad of judicial documents and certificate\n\n#### Form 1—Request for service abroad of judicial documents and certificate\n\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Request for service abroad of judicial documents","content":" Part 1—Request for service abroad of judicial documents\n Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965\n\n| Identity and address of the forwarding authority requesting service | | Identity and address of receiving authority [Central Authority/Convention additional authority] |\n| ------------------------------------------------------------------- | --- | ----------------------------------------------------------------------------------------------- |\n\n The undersigned forwarding authority (on the application of \\[name and address of applicant on whose behalf forwarding authority requests service\\]) has the honour to transmit – in duplicate – the documents listed below and, in conformity with Article 5 of the abovementioned Convention, requests prompt service of one copy thereof on the addressee, ie:\n (identity and address) ............................................................................................................\n ...............................................................................................................................................\n \\*(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention.\n \\*(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5):\n ..............................................................................................................................\n ..............................................................................................................................\n \\*(c) by delivery to the addressee, if the addressee accepts it voluntarily (second paragraph of Article 5).\n The receiving authority \\[Central Authority/Convention additional authority\\] is requested to return or to have returned to the forwarding authority a copy of the documents – and of the annexes\\* – with a certificate as provided in Part 2 of this Form on the reverse side.\n List of documents\n ................................................................................................................................................\n ................................................................................................................................................\n ................................................................................................................................................\n Done at ........................................................... , the ................................................................\n Signature or stamp (or both) of forwarding authority.\n \\*Delete if inappropriate.\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Certificate","content":" Part 2 —Certificate\n Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965\n The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:\n \\*1. that the documents listed in Part 1 have been served\n – the (date) .....................................................................................................................\n – at (place, street, number) ..............................................................................................\n – in one of the following methods authorised by Article 5:\n \\*a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention.\n \\*b) in accordance with the following particular method: ...........................................\n ....................................................................................................................................\n \\*c) by delivery to the addressee, who accepted it voluntarily.\n The document referred to in the request, has been delivered to:\n – (identity and description of person) .....................................................................\n .................................................................................................................................\n – relationship to the addressee (family, business or other.) ....................................\n .................................................................................................................................\n .................................................................................................................................\n \\*2. that the document has not been served, by reason of the following facts:\n .....................................................................................................................................................\n .......................................................................................................................................................\n .......................................................................................................................................................\n \\*In conformity with the second paragraph of Article 12 of the Convention, the forwarding authority is requested to pay or reimburse the expenses detailed in the attached statement.\n Annexes\n Documents returned: ...................................................................................................................\n .......................................................................................................................................................\n ......................................................................................................................................................\n In appropriate cases, documents, establishing the service: .....................................................\n ...............................................................................................................................................\n ...............................................................................................................................................\n Done at........................................................ , the...................................................................\n Signature or stamp (or both)\n \\*Delete if inappropriate.\n\n## Form 2—Summary of the document to be ser Form 2—Summary of the document to be served\n\n#### Form 2—Summary of the document to be served\n\n Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965\n\n(Article 5, fourth paragraph)\n\nIdentity and address of the addressee \\[Central Authority/Convention additional authority\\]:\n\n| |\n| --- |\n\n IMPORTANT\n THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.\n IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.\n ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO:\n ...............................................................................................................................................\n SUMMARY OF THE DOCUMENT TO BE SERVED\n Name and address of the forwarding authority: ......................................................................\n ..................................................................................................................................................\n Particulars of the parties: .........................................................................................................\n ...................................................................................................................................................\n \\*\\*JUDICIAL DOCUMENT\n Nature and purpose of the document: ......................................................................................\n ...................................................................................................................................................\n Nature and purpose of the proceedings and, where appropriate, the amount in dispute:\n ...................................................................................................................................................\n ...................................................................................................................................................\n ....................................................................................................................................................\n Date and place for entering appearance: ....................................................................................\n ......................................................................................................................................................\n Court in which proceedings pending/judgment given: ...............................................................\n ......................................................................................................................................................\n \\*\\*Date of judgment (if applicable): ..............................................................................................\n Time limits stated in the document: ............................................................................................\n ......................................................................................................................................................\n\n## Part 2 Parentage evidence\n\n## Part 2—Parentage evidence\n\nNote: See sections 61, 65 and 68.\n\n## Form 3—Parentage testing procedure Affid Form 3—Parentage testing procedure Affidavit by/in relation to donor\n\n#### Form 3—Parentage testing procedure Affidavit by/in relation to donor\n\n PARENTAGE TESTING PROCEDURE\n AFFIDAVIT BY/IN RELATION TO DONOR\n NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)\n NAME OF DONOR: (insert donor’s name)\n DATE OF BIRTH OF DONOR: (insert donor’s date of birth)\n \\*RELATIONSHIP/\\*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE: (if donor is not the child whose parentage is in issue, insert relationship of donor to child)\n DATE OF TAKING SAMPLE FROM DONOR: (insert date sample is to be taken)\n I, (insert name), of (insert address), (insert occupation), \\*make oath and say/\\*affirm:\n\n| IMPORTANTEither Part 1 or 2 of this form must be completed and duly sworn or affirmed by the person completing it, and the signature witnessed, on the day the donor’s sample is taken. |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n PART 1\n\n| Part 1 must be completed if the person swearing or affirming the affidavit is the donor. |\n| ---------------------------------------------------------------------------------------- |\n\n 1. I am the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.\n 2. My racial background is (insert details).\n 3. In the last 2 years:\n (a) I \\*have/\\*have not suffered from leukaemia;\n (b) I \\*have/\\*have not received a bone marrow transplant.\n \\*4. The particulars of the \\*leukaemia/\\*bone marrow transplant are as follows:\n 5. I \\*have/\\*have not received a transfusion of blood or a blood product within the last 6 months.\n \\*6. The particulars of the transfusion of blood or blood product are as follows:\n 7. I consent to:\n (a) the taking of \\*a bodily sample/\\*bodily samples from me on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of \\*a parentage testing procedure/\\*parentage testing procedures; and\n (b) the carrying out of \\*that procedure/\\*those procedures on the \\*sample/\\*samples.\n PART 2\n\n| Part 2 must be completed on behalf of a child or adult who is not capable of swearing or affirming the affidavit. Under subsection 69Z(2) of the Act, a parentage testing procedure must not be carried out in relation to a child without the consent of a parent or guardian of the child or a person who, under a parenting order, is responsible for the child’s long‑term or day‑to‑day care, welfare and development. |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n 1. I am the (state relationship or other status in relation to the donor) of (insert name of donor) who was born on (insert date of birth of donor).\n 2. (insert name of donor) is the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.\n 3. (insert name of donor) is a person whose racial background is (insert details).\n 4. In the last 2 years:\n (a) the donor \\*has/\\*has not suffered from leukaemia;\n (b) the donor \\*has/\\*has not received a bone marrow transplant.\n \\*5. The particulars of the \\*leukaemia/\\*bone marrow transplant are as follows:\n 6. The donor \\*has/\\*has not received a transfusion of blood or a blood product within the last 6 months.\n \\*7. The particulars of the transfusion of blood or blood product are as follows:\n 8. I consent to:\n (a) the taking of \\*a bodily sample/\\*bodily samples from the donor on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of \\*a parentage testing procedure/\\*parentage testing procedures; and\n (b) the carrying out of \\*that procedure/\\*those procedures on the \\*sample/\\*samples.\n \\*SWORN/\\*AFFIRMED by the \n deponent at\n on 20\n (Signature of deponent)\n BEFORE ME: (insert name of person \n before whom the affidavit is sworn \n or affirmed)\n (Signature of person\n before whom affidavit is\n sworn or affirmed)\n Attach a recent photograph of the donor named in the affidavit, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background. The photograph must be marked ‘A’, and must bear a statement, signed by both the person before whom the affidavit is sworn or affirmed and the deponent, identifying it as the photograph mentioned in the affidavit.\n\n## Form 4—Parentage testing procedure Colle Form 4—Parentage testing procedure Collection of bodily samples\n\n#### Form 4—Parentage testing procedure Collection of bodily samples\n\n PARENTAGE TESTING PROCEDURE\n COLLECTION OF BODILY SAMPLES\n NAME OF CHILD WHOSE\n PARENTAGE IS IN ISSUE: (insert child’s name)\n 1. I, (insert name of sampler), of (insert professional address), (insert occupation), took the \\*bodily sample/\\*bodily samples specified below at (insert time) \\*am/\\*pm on (insert date) at (insert place of collection) from the following \\*person/\\*persons:\n (a) (insert name of person, type of bodily sample and person’s photograph);\n \\*(b) (insert name of person, type of bodily sample and person’s photograph);\n \\*(c) (insert name of person, type of bodily sample and person’s photograph);\n \\*(d) (insert name of person, type of bodily sample and person’s photograph).\n 2. When I took the \\*bodily sample/\\*bodily samples specified above, I strictly observed the procedures provided under Division 7 of Part 7 of the Family Law Regulations.\n 3. I placed the \\*bodily sample/\\*each of the bodily samples specified above in a container that was immediately sealed and then labelled in accordance with section 64 of the Family Law Regulations.\n\n (Signature of sampler)\n\n## Form 5—Parentage testing procedure repor Form 5—Parentage testing procedure report\n\n#### Form 5—Parentage testing procedure report\n\n PARENTAGE TESTING PROCEDURE REPORT\n NAME OF CHILD WHOSE\n PARENTAGE IS IN ISSUE: (insert child’s name)\n PART 1\n 1. I, (insert name of nominated reporter), of (insert street address of laboratory where testing was performed), (insert occupation), am a person nominated by the laboratory specified below to prepare a report for the purposes of paragraph 69ZB(b) of the Family Law Act 1975.\n 2. I report that \\*a parentage testing procedure/\\*parentage testing procedures, being DNA profiling, \\*has/\\*have been carried out on the bodily \\*sample/\\*samples contained in the sealed \\*container/\\*containers bearing the \\*name/\\*names of the following \\*donor/\\*donors:\n (a) (insert donor’s name, date of birth and relationship to child whose parentage is in issue);\n \\*(b) (insert donor’s name, date of birth and relationship to child whose parentage is in issue);\n \\*(c) (insert donor’s name, date of birth and relationship to child whose parentage is in issue);\n \\*(d) (insert donor’s name, date of birth and relationship to child whose parentage is in issue).\n 3. Each bodily sample referred to in item 2 is the same bodily sample as the bodily sample specified in the statement completed on (insert date) by (insert name of sampler) in accordance with Form 4 in Schedule 3 of the Family Law Regulations.\n 4. The parentage testing \\*procedure was/\\*procedures were carried out at (insert name and street address of \\*laboratory/\\*laboratories where testing was performed) on (insert date/s).\n 5. The results of the parentage testing \\*procedure/\\*procedures are set out in Part 2 of this report.\n \\*6. I report that the results of the parentage testing \\*procedure/\\*procedures carried out on the bodily \\*sample/\\*samples of the donors specified above show that (insert name of putative parent) is not excluded from identification as the \\*father/\\*mother of (insert name of child whose parentage is in issue).\n \\[OR\\]\n \\*6. I report that the results of the parentage testing \\*procedure/\\*procedures carried out on the bodily \\*sample/\\*samples of the donors specified above show that (insert name of putative parent) is excluded from identification as the \\*father/\\*mother of (insert name of child whose parentage is in issue).\n \\*7. I further report that the probability that (insert name of putative parent) is the genetic \\*father/\\*mother of (insert name of child whose parentage is in issue) has been calculated as follows:\n Putative \\*father/\\*mother is (insert figure) times more likely to produce a child with the required alleles than a \\*man/\\*woman drawn randomly from the general population. This equates to a Relative Chance of \\*Paternity/\\*Maternity of (insert figure).\n \\[OR\\]\n \\*7. I further report that the exclusion is based on contradictions of the laws of genetic inheritance in (insert amount) of the (insert amount) genetic markers: (insert the names of the genetic markers).\n \\*8. I further report (if necessary, provide further explanation of results detailed in item 6 or 7, or both).\n (Signature of nominated reporter)\n PART 2\n 1. The bodily \\*sample/\\*samples referred to in Part 1 of this report were received at (insert name and street address of laboratory at which parentage testing \\*procedure was/\\*procedures were carried out) on the following date/s:\n (a) (specify sample)  (insert date)\n \\*(b) (specify sample)  (insert date)\n \\*(c) (specify sample)  (insert date)\n \\*(d) (specify sample)  (insert date)\n \\*(e) (specify sample)  (insert date).\n 2. The following identification \\*number was/\\*numbers were allocated respectively to the bodily \\*sample/\\*samples in the \\*container/\\*containers in respect of which the parentage testing \\*procedure was/\\*procedures were carried out:\n (a) (insert name of donor and identification number);\n \\*(b) (insert name of donor and identification number);\n \\*(c) (insert name of donor and identification number);\n \\*(d) (insert name of donor and identification number).\n 3. The results obtained from the parentage testing \\*procedure/\\*procedures are: (set out the results).\n \\*4. The results set out above in item 3 refer to the parentage testing \\*procedure/\\*procedures carried out \\*by me/\\*under my supervision on (insert date/s). The bodily \\*sample was/\\*samples were tested with the same primers and in parallel with appropriate known controls. Fragment length patterns were in accordance with scientifically accepted standards. I am satisfied that the results obtained have been correctly coded from the fragment pattern and that they have been correctly transcribed from the laboratory records.\n\n (Signature of person who carried\n out parentage testing procedure\n or person under whose\n supervision parentage testing\n procedure was carried out)\n\n## Part 3 Arbitration\n\nNote: See sections 24, 25, 37 and 39.\n\n## Form 6—Application for arbitration Form 6—Application for arbitration\n\n#### Form 6—Application for arbitration\n\n

[name of court]



Application for arbitration




Form 6—Section 24 of the Family Law Regulations 2024

Fill in box A (file numbers)

A File Number

B Filed at

C Hearing date

Hearing time

Hearing place

AM

PM

\n```\n\n| Application |\n| ------------------------------------------------------------------------------------------------ |\n| The parties seek an order referring the matter, details of which are given below, to arbitration |\n\n| Notice |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Take notice that: this application is set down for hearing before the Court sitting at the time and place in box C above if you do not appear at the hearing, the Court may hear and decide the matter in your absence |\n\n

Details of parties

1 Names of parties making this application

family name (surname)

given names

give details for each

family name (surname)

given names

family name (surname)

given names

attach extra page if you need more space

family name (surname)

given names

2 Postal address for service of documents on each applicant

Applicant 1

send to solicitor/s in 3 other give details:

postcode

phone ( ) email

Applicant 2

send to solicitor/s in 3 other give details:

Attach separate sheet for any others

postcode

phone ( ) email

3 Solicitor for each applicant

Applicant 1

‑ name

‑ firm name

‑ address

‑ phone or email

‑ Lawyer’s code

Applicant 2

‑ name

‑ firm name

‑ address

‑ phone or email

‑ Lawyer’s code

Attach separate sheet for any others

State Postcode

Phone or

Email Lawyer’s code

State Postcode

Phone or

Email Lawyer’s code

Details of issue(s) to be arbitrated

4

Details of arbitrator

5 If the parties have agreed on an arbitrator, give brief details of the proposed arbitrator, including name and address

Signature

Signed

Date

applicant(s) solicitor for applicant(s)

This application was prepared by applicant solicitor counsel

(print name if solicitor/counsel)

\n```\n\n## Form 7—Application relating to family la Form 7—Application relating to family law arbitration\n\n#### Form 7—Application relating to family law arbitration\n\n

[name of court]



Application relating to family law arbitration




Form 7—Section 25 of the Family Law Regulations 2024

Fill in box A (file numbers)

A File Number

B Filed at

C Hearing date

Hearing time

Hearing place

AM

PM

\n```\n\n| Application |\n| ---------------------------------------------------------------------------------------------------------------------------------------------- |\n| A party or parties, or an arbitrator, seeks an order, details of which are given below, in relation to the family law arbitration of a dispute |\n\n| Notice |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Take notice that: this application is set down for hearing before the Court sitting at the time and place in box C above if you do not appear at the hearing, the Court may hear and decide the matter in your absence |\n\n

Details of parties or arbitrator

1 Names of parties or arbitrator making this application

family name (surname)

given names

give details for each

family name (surname)

given names

attach extra page if you need more space

family name (surname)

given names

2 Postal address for service of documents on each applicant

Applicant 1

send to solicitor/s in 3 other give details:

postcode

phone ( ) email

Applicant 2

send to solicitor/s in 3 other give details:

Attach separate sheet for any others

postcode

phone ( ) email

3 Solicitor for each applicant

Applicant 1

‑ name

‑ firm name

‑ address

‑ phone or email

Applicant 2

‑ name

‑ firm name

‑ address

‑ phone or email

Attach separate sheet for any others

State Postcode

Phone or

Email Lawyer’s code

State Postcode

Phone or

Email Lawyer’s code

Details of order sought

4

Details of the family law arbitration

5 Give brief details of the arbitration or proposed arbitration, including the name and address of the arbitrator (if already appointed), whether any arbitration proceedings have already taken place (and, if so, when and where)

Attach copy of any award made

Signature

Signed

Date

applicant(s) solicitor for applicant(s)

This application was prepared by applicant solicitor counsel

(print name if solicitor/counsel)

\n```\n\n## Form 8—Application to register family la Form 8—Application to register family law arbitration award\n\n#### Form 8—Application to register family law arbitration award\n\n

[name of court]



Application to register family law arbitration award




Form 8—Section 37 of the Family Law Regulations 2024

Fill in box A (file numbers)

A File
Number

B Filed at

Hearing date

Hearing time

Hearing place

(if hearing needed)

AM

PM

\n```\n\n| Notice |\n| ------------------------------------------------------------------------------ |\n| Take notice that the applicant seeks registration of the award described below |\n\n| Application |\n| ------------------------------------------------------------- |\n| The applicant seeks registration of the award described below |\n\n

Details of parties

1 Name(s) of applicant(s) making this application

family name (surname)

given names

give details for each

family name (surname)

given names

attach extra page if you need more space

family name (surname)

given names

2 Name(s) of respondent(s)

family name (surname)

given names

(other parties to the award, if any)

family name (surname)

given names

give details for each

family name (surname)

given names

3 Postal address for service of documents on applicants

send to solicitor in 4 other give details:

State Postcode

Phone or

Email

4 Solicitor for applicant(s)

‑ name

‑ firm name

‑ address

‑ phone or email

‑ Lawyer’s code

State Postcode

Phone or

Email Lawyer’s code

Details of award

5 Give brief details of the award, including date made and name and address of arbitrator

Attach a copy of the award

Signature

Signed

Date

applicant(s) solicitor for applicant(s)

This application was prepared by applicant solicitor counsel

(print name if solicitor/counsel)

\n```\n\n## Form 9—Application to register decree af Form 9—Application to register decree affecting registered award\n\n#### Form 9—Application to register decree affecting registered award\n\n

[name of court]

Application to register decree affecting registered award

Form 9—Section 39 of the Family Law Regulations 2024

Fill in box A (file numbers)

A File
Number

B Filed at

\n```\n\n| Application |\n| -------------------------------------------------------------- |\n| The applicant seeks registration of the decree described below |\n\n

Details of parties

1 Name(s) of applicant(s) making this application)

family name (surname)

given names

give details for each

family name (surname)

given names

attach extra page if you need more space

family name (surname)

given names

2 Name(s) of respondent(s)

family name (surname)

given names

(other parties to the award, if any)

family name (surname)

given names

give details for each

family name (surname)

given names

3 Postal address for service of documents on applicants

send to solicitor in 4 other give details:

postcode

phone ( ) email

4 Solicitor for applicant(s)

‑ name

‑ firm name

‑ address

‑ phone or email

‑ Lawyer’s code

State Postcode

Phone or

Email Lawyer’s code

Details of decree

5 Give brief details of the decree and the award affected by the decree, including date the decree made and name and address of arbitrator who made the award

Attach a copy of the decree

Signature

Signed

Date

applicant(s) solicitor for applicant(s)

This application was prepared by applicant solicitor counsel

(print name if solicitor/counsel)

\n```\n\n## 1 Jurisdictions\n\n#### 1 Jurisdictions\n\n (a) prescribes jurisdictions for the purposes of paragraph 69S(1A)(a) of the Act; and\n (b) prescribes jurisdictions for the purposes of subsection 69XA(4) of the Act; and\n (c) prescribes jurisdictions for the purposes of subsection 10(3) of this instrument; and\n (d) specifies jurisdictions for the purposes of subparagraph 77(2)(a)(ii) of this instrument; and\n (e) specifies countries for the purposes of the definition of Recovery Convention country in subsection 126(1) of this instrument.\n\n

Prescribed jurisdictions and countries

Item

Jurisdiction and country

1

Algeria

2

Argentina

3

Austria

4

Barbados

5

Belarus

6

Belgium

7

Bosnia and Herzegovina

8

Brazil

9

Burkina Faso

10

Cape Verde

11

Central African Republic

12

Chile

13

Colombia

14

Croatia

15

Cyprus

16

Czech Republic

17

Denmark

18

Ecuador

19

Estonia

20

Finland

21

France

22

Germany

23

Greece

24

Guatemala

25

Haiti

26

Holy See

27

Hungary

28

Israel

29

Italy

30

Kazakhstan

31

Kyrgyzstan

32

Liberia

33

Luxembourg

34

Mexico

35

Monaco

36

Montenegro

37

Morocco

38

Netherlands

39

New Zealand

40

Niger

41

North Macedonia

42

Norway

43

Pakistan

44

Philippines

45

Poland

46

Portugal

47

Republic of Ireland

48

Republic of Moldova

49

Romania

50

Serbia

51

Seychelles

52

Slovak Republic

53

Slovenia

54

Spain

55

Sri Lanka

56

Suriname

57

Sweden

58

Switzerland

59

Tunisia

60

Türkiye

61

Ukraine

62

United Kingdom, including Alderney, Guernsey, Isle of Man, Jersey and Sark

63

Uruguay

\n```\n\n","sortOrder":3},{"sectionNumber":"Sch 4A","sectionType":"schedule","heading":"Jurisdictions and Convention countries","content":"Schedule 4A—Jurisdictions and Convention countries\n\nNote: See subsections 69S(1A) and 69XA(4) and section 117AC of the Act.\n\n## 1 Jurisdictions\n\n#### 1 Jurisdictions\n\n (a) prescribes jurisdictions for the purposes of paragraph 69S(1A)(a) of the Act; and\n (b) prescribes jurisdictions for the purposes of subsection 69XA(4) of the Act; and\n (c) lists Convention countries, within the meaning of section 117AC of the Act, for the purposes of that section.\n\n

Jurisdictions and Convention countries

Item

Jurisdiction and country

1

Albania

2

Andorra

3

Belgium

4

Czech Republic

5

Denmark

6

Estonia

7

Finland

8

France

9

Germany

10

Greece

11

Italy

12

Lithuania

13

Luxembourg

14

Netherlands

15

Norway

16

Poland

17

Portugal

18

Slovakia

19

Spain

20

Sweden

21

Switzerland

22

Türkiye

23

Ukraine

24

United Kingdom

\n```","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":743},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations appear to be a consolidation and modernisation of the Family Law Regulations 1984 rather than an expansion of scope. The structure follows the same broad pattern of the previous regulations, with updates to reflect legislative changes (such as the amalgamation of the Family Court and Federal Circuit Court), new international conventions, and contemporary practices. The arbitration provisions have been strengthened with additional safeguards, but this represents refinement of existing processes rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to the Family Law Act 1975 and other Commonwealth, State and Territory legislation","Multiple tables prescribing specific laws from 8 jurisdictions (NSW, Vic, Qld, WA, SA, Tas, ACT, NT) plus Norfolk Island","Detailed procedural requirements for arbitration including continuing professional development obligations, statutory declarations, and specific form requirements","Complex international law implementation including Hague Service Convention, Recovery Convention, and reciprocating jurisdictions for maintenance orders","Nested conditional logic throughout (e.g., 'if...then...unless...' structures in sections 21, 26, 27, 37, 105, 111)","Multiple overlapping definitions sections with some terms defined by reference to other sections or external instruments","Transitional provisions with multiple savings clauses and conditional application of old vs new rules","Prescribed forms and specific documentary requirements (Forms 1-9 in Schedule 3 referenced throughout)","Technical specifications for parentage testing including laboratory accreditation, sample handling, and chain of custody requirements"],"plain_english_summary":"The Family Law Regulations 2024 update procedural and operational rules under the Family Law Act 1975, affecting lawyers, family‑law arbitrators, courts, parents, children’s services, surrogacy parties, child protection agencies and service providers. They set modern standards for arbitration and testing, implement international service and enforcement obligations, allow procedural flexibility, and prohibit misuse of protected family‑service names. They commence 1 April 2025, replacing the 1984 regulations."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-regulations-2024","history":"/api/acts/family-law-regulations-2024/history","analysis":"/api/acts/family-law-regulations-2024/analysis","conflicts":"/api/acts/family-law-regulations-2024/conflicts","importantCases":"/api/acts/family-law-regulations-2024/important-cases","documents":"/api/acts/family-law-regulations-2024/documents"}}