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This Act may be cited as the Commonwealth Powers (Family Law) Act 1987 .
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Tasmania act
Mechanically, this Act refers specific child-related powers — maintenance, custody/guardianship/access, and parentage — from the States to the Commonwealth Parliament for a limited period, with the Governor able to fix commencement and termination by proclamation (ss 2–3). It excludes adoption and certain State actions unless the relevant State Minister gives written consent for Commonwealth proceedings (s 3(2), (2A)). “Children” are defined as under 18, and maintenance can include some adults with special needs (s 3(3)).
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Direct links to the current provisions in Commonwealth Powers (Family Law) Act 1987.
This Act may be cited as the Commonwealth Powers (Family Law) Act 1987 .
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided in subsection (1) , this Act shall commence on a day to be fixed by proclamation.
(1) *[Section 3 Subsection (1) amended by No. 20 of 1994, s. 4 ]*Subject to subsection (2) , the following matters, to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament, are referred to the Commonwealth Parliament for a period commencing on the day on which this Act commences and ending on the day fixed by proclamation under subsection (4) as the day on which the reference under this section shall terminate:
(a) the maintenance of children and the payment of expenses in relation to children or child bearing;
(b) the custody and guardianship of, and access to, children;
(c) the determination of a child's parentage for the purposes of the law of the Commonwealth, whether or not the determination of the child's parentage is incidental to the determination of any other matter within the legislative powers of the Commonwealth.
(2) *[Section 3 Subsection (2) amended by No. 20 of 1994, s. 4 ]*Subject to subsection (2A) , the matters referred by subsection (1) do not include the matter of the adoption of children or the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action that would prevent or interfere with –
(a) a Minister of the Crown or officer of the State, or an officer of an adoption agency that is approved under any law of the State, or any other person under a provision specified in Schedule 1 or declared by proclamation to be an Act to which this section applies –
(i) having or acquiring the custody, guardianship, care, or control of children; or
(ii) instituting and conducting, or intervening in, proceedings under a law of the State in respect of the custody, guardianship, care, or control of children;
(b) . . . . . . . .
(c) the jurisdiction of the Supreme Court to make orders in respect of children who are in such custody, guardianship, care, or control; or
(d) the jurisdiction of a court of the State, under a provision specified in Schedule 1 or declared by proclamation to be an Act to which this section applies, to make orders, or to take any other action, in respect of –
(i) the custody, guardianship, care, or control of children; or
(ii) access to children or the supervision of children.
(2A) *[Section 3 Subsection (2A) inserted by No. 20 of 1994, s. 4 ]*The matters referred by subsection (1) include the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action of the kind referred to in subsection (2) if –
(a) the Minister of the Crown responsible for the administration of the relevant provisions specified in Schedule 1 ; or
(b) a person authorized, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 of the Commonwealth, as amended and in force for the time being –
consents, in writing, to the taking of such action by way of instituting, or continuing, proceedings under the Family Law Act 1975 of the Commonwealth, as amended and in force for the time being, in a court having jurisdiction under that Act.
(3) *[Section 3 Subsection (3) substituted by No. 20 of 1994, s. 4 ]*In the preceding provisions of this section –
(a) the references to children are to be read as references to persons under the age of 18 years; and
(b) the references to the maintenance of, and the payment of expenses in relation to, children are to be read as including references to the maintenance of, and the payment of expenses in relation to, persons who have attained that age and have special needs in respect of maintenance or expenses by reason of being engaged in a course of education or training or by reason of a physical or mental handicap; and
(c) the references to a provision specified in Schedule 1 are to be read as references to the provision as amended and in force from time to time, and as including a reference to any provision or provisions replacing that provision and as amended and in force from time to time.
(4) The Governor may, by proclamation, fix a day as the day on which the reference under this section shall terminate.
(5) The Governor may, by proclamation, declare an Act to be an Act to which this section applies.
[Schedule 1 Substituted by No. 20 of 1994, s. 5 ] [Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Schedule 1 Substituted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]
| Act | Sections | | 1. Adoption Act 1988 | 27, 40, 42, 43(1)(b) and 47 | | 2. Children, Young Persons and Their Families Act 1997 | 11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98 | | 3. Youth Justice Act 1997 | 107 |
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Commonwealth Powers (Family Law) Act 1987 .
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided in subsection (1) , this Act shall commence on a day to be fixed by proclamation.
(1) *[Section 3 Subsection (1) amended by No. 20 of 1994, s. 4 ]*Subject to subsection (2) , the following matters, to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament, are referred to the Commonwealth Parliament for a period commencing on the day on which this Act commences and ending on the day fixed by proclamation under subsection (4) as the day on which the reference under this section shall terminate:
(a) the maintenance of children and the payment of expenses in relation to children or child bearing;
(b) the custody and guardianship of, and access to, children;
(c) the determination of a child's parentage for the purposes of the law of the Commonwealth, whether or not the determination of the child's parentage is incidental to the determination of any other matter within the legislative powers of the Commonwealth.
(2) *[Section 3 Subsection (2) amended by No. 20 of 1994, s. 4 ]*Subject to subsection (2A) , the matters referred by subsection (1) do not include the matter of the adoption of children or the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action that would prevent or interfere with –
(a) a Minister of the Crown or officer of the State, or an officer of an adoption agency that is approved under any law of the State, or any other person under a provision specified in Schedule 1 or declared by proclamation to be an Act to which this section applies –
(i) having or acquiring the custody, guardianship, care, or control of children; or
(ii) instituting and conducting, or intervening in, proceedings under a law of the State in respect of the custody, guardianship, care, or control of children;
(b) . . . . . . . .
(c) the jurisdiction of the Supreme Court to make orders in respect of children who are in such custody, guardianship, care, or control; or
(d) the jurisdiction of a court of the State, under a provision specified in Schedule 1 or declared by proclamation to be an Act to which this section applies, to make orders, or to take any other action, in respect of –
(i) the custody, guardianship, care, or control of children; or
(ii) access to children or the supervision of children.
(2A) *[Section 3 Subsection (2A) inserted by No. 20 of 1994, s. 4 ]*The matters referred by subsection (1) include the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action of the kind referred to in subsection (2) if –
(a) the Minister of the Crown responsible for the administration of the relevant provisions specified in Schedule 1 ; or
(b) a person authorized, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 of the Commonwealth, as amended and in force for the time being –
consents, in writing, to the taking of such action by way of instituting, or continuing, proceedings under the Family Law Act 1975 of the Commonwealth, as amended and in force for the time being, in a court having jurisdiction under that Act.
(3) *[Section 3 Subsection (3) substituted by No. 20 of 1994, s. 4 ]*In the preceding provisions of this section –
(a) the references to children are to be read as references to persons under the age of 18 years; and
(b) the references to the maintenance of, and the payment of expenses in relation to, children are to be read as including references to the maintenance of, and the payment of expenses in relation to, persons who have attained that age and have special needs in respect of maintenance or expenses by reason of being engaged in a course of education or training or by reason of a physical or mental handicap; and
(c) the references to a provision specified in Schedule 1 are to be read as references to the provision as amended and in force from time to time, and as including a reference to any provision or provisions replacing that provision and as amended and in force from time to time.
(4) The Governor may, by proclamation, fix a day as the day on which the reference under this section shall terminate.
(5) The Governor may, by proclamation, declare an Act to be an Act to which this section applies.
[Schedule 1 Substituted by No. 20 of 1994, s. 5 ] [Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Schedule 1 Substituted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]
Section 3 (2) , (2A) and (3)
| Act | Sections | | 1. Adoption Act 1988 | 27, 40, 42, 43(1)(b) and 47 | | 2. Children, Young Persons and Their Families Act 1997 | 11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98 | | 3. Youth Justice Act 1997 | 107 |