3Reference of certain matters relating to children

3 Reference of certain matters relating to children

(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 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 –