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Family Court Act 1997
Sch 2Transitional and savings
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Schedule 2 — Transitional and savings
[Section 247]
Division 1 — Provisions for repeal of *Family Court Act 1975*
[Heading inserted: No. 13 of 2013 s. 36.]
1. Terms used
In this Division, unless the contrary intention appears —
commencement day means the day on which section 246 comes into operation;
repealed Act means the *Family Court Act 1975* repealed by section 246.
[Clause 1 amended: No. 13 of 2013 s. 37.]
2. Interpretation Act 1984 applies
This Division does not limit the operation of the *Interpretation Act 1984*.
[Clause 2 amended: No. 13 of 2013 s. 38.]
3. Persons holding offices under, or employed or engaged for purposes of, the repealed Act
(1) A person —
(a) who was appointed under Division 2 of Part II of the repealed Act to be the Chief Judge, a judge other than the Chief Judge, or an acting judge; or
(b) subject to subclauses (2) and (3), who was appointed under Division 4 of Part II of the repealed Act to be an officer of the Court; or
(c) who was employed or engaged as a member of staff for the purposes of the repealed Act, whether or not under Division 4 of Part II of the repealed Act,
and whose appointment to, or employment or engagement in, that office or position was in effect immediately before the commencement day is to be treated on and after the commencement day as having been appointed, employed or engaged, as the case requires, on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before the commencement day.
(2) A person who was the registrar of the Court under the repealed Act and whose appointment to that office was in effect immediately before the commencement day is to be treated on and after the commencement day as having been appointed as the Principal Registrar under this Act but otherwise on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before the commencement day.
(3) A person who was a deputy registrar of the Court under the repealed Act and whose appointment to that office was in effect immediately before the commencement day is to be treated on and after the commencement day as having been appointed as a registrar under this Act but otherwise on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before the commencement day.
(4) A person to whom this clause applies retains all existing and accruing rights and benefits as if the holding of the office, or the employment or engagement, under this Act were a continuation of the person’s holding of the office, or the employment or engagement, under the repealed Act immediately before the commencement day.
(5) If a person to whom subclause (2) or (3) applies has also been appointed, and holds office, as a stipendiary magistrate under the *Stipendiary Magistrates Act 1957* 2 and the person’s appointment to the office of stipendiary magistrate was —
(a) in effect immediately before the commencement day; and
(b) conditional on the person holding office as the registrar or a deputy registrar under the repealed Act,
then on and after the commencement day, the person’s appointment to the office of stipendiary magistrate —
(c) is to be treated as being conditional on the person holding office as the Principal Registrar or a registrar, as the case requires, according to whether subclause (2) or (3) applies to the person; and
(d) otherwise continues to be subject to the terms and conditions applicable to the appointment.
4. Setting aside of orders made under repealed s. 30 altering property interests
(1) Where, on application by a person affected by an order made by the Court under section 30 of the repealed Act, the Court is satisfied that there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false evidence, or any other circumstance, the Court may, in its discretion, set aside the order and, if it thinks fit, make another order in substitution for the order so set aside, taking into account the considerations applicable to an order altering the interests of parties in their property under Part VIII of the Family Law Act.
(2) In the exercise of its powers under subsection (1), the Court must have regard to the interests of, and must make any order proper for the protection of, a bona fide purchaser or other person interested.
5. Treatment of orders as to custody, guardianship, access or maintenance or other payments
(1) An order with respect to the custody of a child in force under the repealed Act immediately before the commencement day has effect, on and after the commencement day —
(a) so far as it deals (expressly or impliedly) with the question of the person or persons with whom the child is to live, as if it were a residence order made under this Act; and
(b) so far as it deals, expressly or impliedly, with other aspects of parental responsibility for the child, as if it were a specific issues order made under this Act.
(2) An order with respect to the guardianship of a child in force under the repealed Act immediately before the commencement day has effect, on and after the commencement day —
(a) so far as it deals (expressly or impliedly) with the question of the person or persons with whom the child is to live, as if it were a residence order made under this Act; and
(b) so far as it deals (expressly or impliedly) with other aspects of parental responsibility for the child, as if it were a specific issues order made under this Act.
(3) An order with respect to the access to a child in force under the repealed Act immediately before the commencement day has effect, on and after the commencement day, as if it were a contact order made under this Act.
(4) An order with respect to the maintenance of a child in force under the repealed Act immediately before the commencement day has effect, on and after the commencement day, as if it were a child maintenance order made under this Act.
(5) An order for the payment of preliminary expenses or any other moneys under Division 5 of Part III of the repealed Act in force immediately before the commencement day has effect, on and after the commencement day, as if it were an order for the payment of child bearing expenses made under this Act.
(6) In this clause, a reference to a particular kind of order in force under the repealed Act includes a reference to —
(a) an agreement that has effect as that kind of order under the repealed Act; or
(b) an order that is treated, or that has effect, as if it were an order of that kind; or
(c) a right or liability, within the meaning of the *Family Court (Orders of Registrars) Act 1997*, that —
(i) is in respect of a matter to which subsection (1), (2), (3), (4) or (5) applies; and
(ii) is conferred, imposed or affected by section 4 of that Act.
(7) Nothing in subclause (6) applies to an agreement to the extent, if any, to which the agreement relates to child welfare matters in respect of a child.
6. Treatment of applications for orders as to custody, guardianship, access or maintenance or other payments
(1) This clause applies if, immediately before the commencement day, an application for an order under section 36, 55, 62 or 63 of the repealed Act of any of the following kinds was still awaiting determination —
(a) an order with respect to the custody of a child;
(b) an order with respect to the guardianship of a child;
(c) an order with respect to the access to a child;
(d) an order with respect to the maintenance of a child;
(e) an order for the payment of preliminary expenses or any other moneys under Division 5 of Part III of the repealed Act.
(2) An application referred to in subclause (1) must be determined as if it were an application for the corresponding order or orders under Part 5 of this Act (determined having regard to the effect of clause 5).
7. Treatment of agreements relating to child welfare matters
(1) To the extent that it relates to child welfare matters in respect of a child, a child agreement or a maintenance agreement in force under the repealed Act immediately before the commencement day has effect on and after the commencement day as if it were a parenting plan made under this Act.
(a) a child agreement had been registered under section 41 of the repealed Act and the registration was in effect immediately before the commencement day; or
(b) a maintenance agreement had been registered under section 70 of the repealed Act and the registration was in effect immediately before the commencement day,
then, to the extent that the agreement relates to child welfare matters in respect of a child, the agreement continues to have effect on and after the commencement day as if it were a parenting plan registered under section 79 of this Act.
8. Treatment of warrants
(1) If a warrant under section 47(1) or (2) of the repealed Act was in force immediately before the commencement day then the repealed Act continues to have effect on and after the commencement day in relation to the warrant as if the repealed Act had not been repealed.
(2) If an application for a warrant under section 47 of the repealed Act has not been decided by the commencement day then the repealed Act continues to have effect after the commencement day in relation to the application and to any warrant issued in relation to the application as if the repealed Act had not been repealed.
9. Treatment of orders as to information
(1) If an order under section 47(5a) or (5b) of the repealed Act was in force immediately before the commencement day then the repealed Act continues to have effect on and after the commencement day in relation to the order as if the repealed Act had not been repealed.
(2) If an application for an order under section 47(5a) or (5b) of the repealed Act has not been decided by the commencement day then the repealed Act continues to have effect on and after the commencement day in relation to the application and to any order made in relation to the application as if the repealed Act had not been repealed.
10. Other things done for purposes of provisions of repealed Act
Subject to clauses 5 to 9 —
(a) the making of an application to, or filing of a notice or other document in, a court; and
(b) the making of an order or other decree by a court; and
(c) the preparation of a report or other document; and
(d) the making of, continuation of, or conduct of proceedings in relation to, an appeal to or from a court,
or any other thing done for the purposes of a provision of the repealed Act has effect, on and after the commencement day, as if it were an equivalent thing done under the provisions of this Act that most closely correspond to the provisions of the repealed Act.
Division 2 — Provisions for *Family Court Amendment (Family Violence and Other Measures) Act 2013*
[Heading inserted: No. 13 of 2013 s. 39.]
11. Application of amendments relating to family violence
commencement means the commencement of the *Family Court Amendment (Family Violence and Other Measures) Act 2013* Part 2;
old Act means this Act as in force immediately before commencement.
(2) The amendments made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* sections 4 to 8, 10, 11 and 17 to 22 apply in relation to proceedings instituted at or after commencement.
(3) The amendments made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* Part 2 do not affect an order made under the old Act or a certificate given under section 66H(7) of the old Act.
(4) The amendments made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* Part 2 are taken not to constitute changed circumstances that would justify the making of an order to discharge or vary, or to suspend or revive the operation of, some or all of a parenting order that was made before commencement.
[Clause 11 inserted: No. 13 of 2013 s. 39.]
12. Application of other amendments
commencement means the commencement of the *Family Court Amendment (Family Violence and Other Measures) Act 2013* Part 3;
old Act means this Act as in force immediately before commencement.
(2) An order or direction under section 65(1) or 73(5) of the old Act, or an application for such an order or direction, has effect after commencement as if it were an order or direction, or an application for an order or direction, under that section as in force after commencement.
(3) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 26 applies in relation to orders under Part 5 Division 11 Subdivision 4, whether made before, at or after commencement.
(4) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 28 applies in relation to a court, after commencement, taking an opinion expressed by a family consultant into account, whether that opinion was expressed before, at or after commencement.
(5) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 30 applies in relation to orders requiring persons to enter into bonds, whether made before, at or after commencement.
(6) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 31 applies in relation to bonds entered into whether before, at or after commencement.
(7) Subject to subclause (8), the amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 32 applies in relation to appeals whether instituted before, at or after commencement.
(8) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 32 does not affect the dismissal or stay of proceedings on an appeal before commencement.
(9) The amendment made by the *Family Court Amendment (Family Violence and Other Measures) Act 2013* section 34 applies in relation to proceedings transferred to the Court whether before, at or after commencement.
[Clause 12 inserted: No. 13 of 2013 s. 39.]
Division 3 — Provisions for *Family Court Amendment Act 2022*
[Heading inserted: No. 28 of 2022 s. 32.]
13. Application of amendments
commencement day means the day on which the *Family Court Amendment Act 2022* Part 2 comes into operation.
(2) Subject to subclause (3), the amendments to this Act made by the *Family Court Amendment Act 2022* sections 4, 5, 7, 9, 14, 15, 16, 17, 18, 20, 21, 22, 23, 29 and 30, to the extent to which they relate to bankruptcies or personal insolvency agreements, apply in relation to —
(a) bankruptcies for which the date of the bankruptcy is on or after the commencement day; and
(b) personal insolvency agreements, whether executed before, on or after the commencement day.
(3) The following provisions, as inserted by the *Family Court Amendment Act 2022*, apply to proceedings instituted on or after the commencement day, whether the date of the bankruptcy is before, on or after the commencement day —
(a) section 205ZCA(2), (3), (4) and (5);
(b) section 205ZCA(10), to the extent to which it relates to section 205ZCA(2);
(c) the definitions in section 5(1), to the extent to which they relate to section 205ZCA(2), (3), (4) and (5);
(d) section 205ZG(12), (13), (14) and (15);
(e) section 205ZG(20), to the extent to which it relates to section 205ZG(12);
(f) the definitions in section 5(1), to the extent to which they relate to section 205ZG(12), (13), (14) and (15).
(4) Section 205ZA(3), as in force immediately before the commencement day, continues to apply on and after that day to a declaration or order made under section 205ZA before that day.
(5) The amendment to section 205ZB made by the *Family Court Amendment Act 2022* section 13 applies in relation to applications made on or after the commencement day.
(6) Section 205ZPA applies in relation to a financial agreement made on or after the commencement day.
(7) Section 205ZPB applies in relation to a financial agreement or former financial agreement made between parties whose de facto relationship breaks down on or after the commencement day.
(8) Section 211(6) applies in relation to appeals whether instituted before, on or after the commencement day.
(9) The amendment to section 211B made by the *Family Court Amendment Act 2022* section 28 applies in relation to appeals whether instituted before, on or after the commencement day.
[Clause 13 inserted: No. 28 of 2022 s. 32.]
Division 4 — Provisions for Family Court Amendment (Commonwealth Reforms) Act 2024
[Heading inserted: No. 49 of 2024 s. 82.]
14. Application of amendments
commencement day means the day on which the *Family Court Amendment (Commonwealth Reforms) Act 2024* Part 2 comes into operation;
old Act means the *Family Court Act 1997* as in force immediately before commencement day.
(2) Subject to subclause (8), the insertion by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 5(2) of the definition of ***family law practice and procedure provisions*** applies, and the amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 6(1), 23, 24, 25, 26, 28, 31, 32, 33, 34, 36, 38, 39, 52, 53, 54, 55, 57 and 64 apply, in relation to the following proceedings —
(a) proceedings instituted on or after commencement day;
(b) proceedings instituted before, and not finally determined by, commencement day, other than proceedings in respect of which a final hearing has commenced by commencement day.
(3) So far as the amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 5(6), 6(2) and 7 apply in relation to proceedings, they apply in relation to —
(a) proceedings instituted on or after commencement day; and
(b) proceedings instituted before, and not finally determined by, commencement day, other than proceedings in respect of which a final hearing has commenced by commencement day.
(4) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 9 are taken to apply on and from 1 September 2021.
(5) Section 33B, as inserted by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 11, applies in relation to the performance of a function or the exercise of a power of a registrar of the Court, before, on or after the day on which the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 11 comes into operation, regardless of whether the relevant proceeding commenced before, on or after commencement of that section.
(6) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 13 and 14 apply in relation to proceedings instituted on or after commencement day.
(7) The amendment made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 19 applies in relation to a thing said or an admission made if the thing or admission is to be admitted, on or after commencement day, into proceedings (whether those proceedings are instituted before, on or after commencement day).
(8) Section 69A, as inserted by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 31, applies on and from commencement day.
(9) The amendment made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 37 applies in relation to final parenting orders whether the orders came into force before, or come into force on or after, commencement day.
(10) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 42 to 46 apply to —
(a) a child taken or sent from the State on or after commencement day; or
(b) a child taken or sent from the State before commencement day, if the period specified in the consent or order in accordance with which the child was taken or sent —
(i) ended after commencement day; or
(ii) was extended so that it ended after commencement day.
(11) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 58 apply in relation to revivals, variations and suspensions of orders, injunctions and arrangements if the revivals, variations and suspensions are made under section 176 on or after commencement day.
(12) Despite the repeal of section 202K of the old Act made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 62, section 202K of the old Act continues to apply on and after commencement day, in relation to orders made before commencement day, as if the repeal had not happened.
(13) Despite the amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 65, 68, 77 and 79(a), the rules that were in force immediately before commencement day under the old Act (to the extent the rules relate to vexatious proceedings) continue to apply on and after commencement day in relation to proceedings that were pending in a court immediately before commencement day.
(14) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 65, 68, 77 and 79(a) do not affect the validity of any orders that were made before commencement day under the rules (to the extent the rules relate to vexatious proceedings).
(15) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* sections 68 and 74(1) apply in relation to the following proceedings —
(a) proceedings instituted on or after commencement day;
(b) proceedings instituted before, and not finally determined by, commencement day.
(16) Part 11A of this Act, as inserted by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 73, applies in relation to acts or omissions occurring on or after commencement day.
(17) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 74(2) and (3) apply in relation to persons who become case guardians in proceedings on or after commencement day, whether the proceedings were instituted before, on or after that day.
(18) The amendments made by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 76 apply in relation to offers made before, on or after commencement day.
(19) The repeal of section 242 by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 77 —
(a) applies to proceedings instituted before, on or after commencement day; but
(b) does not affect any action taken under that section before commencement day.
(20) Regulations that were in force for the purposes of section 243(8)(aa) of the old Act continue in force on and after commencement day as if they were regulations in force for the purposes of section 236D(2)(c).
(21) Sections 243A and 243B, as inserted by the *Family Court Amendment (Commonwealth Reforms) Act 2024* section 78, apply in relation to arrests —
(a) authorised by this Act on or after commencement day; and
(b) authorised by warrants issued on or after commencement day.
(22) The Governor may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by any or all of the following provisions of the *Family Court Amendment (Commonwealth Reforms) Act 2024* **—**
(a) section 5(1), in so far as that subsection deletes the definitions of ***community service order***, ***contravened an order***, ***order under this Act affecting children***, ***primary order*** and ***reasonable excuse for contravening***;
(b) section 5(2), in so far as that subsection inserts definitions of ***child‑related order***, ***contravene*** and ***reasonable excuse***;
(c) section 5(3), 5(4), 18, 35, 36, 63, 69, 71, 72, 74(1) or 79(b).
(23) To avoid doubt, the regulations made under subclause (22) cannot do the following —
(a) create an offence or civil penalty;
(b) provide powers of —
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) directly amend the text of the *Family Court Amendment (Commonwealth Reforms) Act 2024* or this Act.
[Clause 14 inserted: No. 49 of 2024 s. 82.]
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Notes
This is a compilation of the *Family Court Act 1997* and includes amendments made by other written laws. For provisions that have come into operation and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
| **Short title** | **Number and year** | **Assent** | **Commencement** |
| --- | --- | --- | --- |
| *Family Court Act 1997* | 40 of 1997 | 10 Dec 1997 | s. 1 and 2: 10 Dec 1997; Act other than s. 1 and 2: 26 Sep 1998 (see s. 2 and *Gazette* 25 Sep 1998 p. 5295) |
| *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 43(1) | 43 of 2000 | 2 Nov 2000 | 17 Feb 2001 (see s. 2(2) and *Gazette* 16 Feb 2001 p. 903) |
| *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* Pt. 9 | 3 of 2002 | 17 Apr 2002 | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) |
| *Family Court Amendment Act 2002* 3-5 | 25 of 2002 | 25 Sep 2002 | s. 1 and 2: 25 Sep 2002; Act other than s. 1 and 2: 1 Dec 2002 (see s. 2 and *Gazette* 29 Nov 2002 p. 5651) |
| *Acts Amendment (Equality of Status) Act 2003* Pt. 19 6 | 28 of 2003 | 22 May 2003 | 1 Jul 2003 (see s. 2 and *Gazette* 30 Jun 2003 p. 2579) |
| *Sentencing Legislation Amendment and Repeal Act 2003* s. 60 | 50 of 2003 | 9 Jul 2003 | 15 May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) |
| **Reprint 1: The *Family Court Act 1997* as at 15 Aug 2003** (includes amendments listed above except those in the *Sentencing Legislation Amendment and Repeal Act 2003*) | | | |
| *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 126 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) |
| *Criminal Code Amendment Act 2004* s. 58 | 4 of 2004 | 23 Apr 2004 | 21 May 2004 (see s. 2) |
| *Children and Community Services Act 2004* Sch. 2 cl. 10 | 34 of 2004 | 20 Oct 2004 | 1 Mar 2006 (see s. 2 and *Gazette* 14 Feb 2006 p. 695) |
| *Acts Amendment (Court of Appeal) Act 2004* s. 37 | 45 of 2004 | 9 Nov 2004 | 1 Feb 2005 (see s. 2 and *Gazette* 14 Jan 2005 p. 163) |
| *Courts Legislation Amendment and Repeal Act 2004* Pt. 12 7 | 59 of 2004 (as amended by No. 2 of 2008 s. 77(2)) | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |
| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |
| *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* Pt. 7 | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2(1) and *Gazette* 23 Dec 2005 p. 6244) |
| *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2(2) and *Gazette* 21 Mar 2006 p. 1078) |
| **Reprint 2: The *Family Court Act 1997* as at 14 Apr 2006** (includes amendments listed above) | | | |
| *Family Legislation Amendment Act 2006* Pt. 2 and 3 8-11 | 35 of 2006 | 4 Jul 2006 | Pt. 2: 14 Jul 2006 (see s. 2 and *Gazette* 14 Jul 2006 p. 2559); Pt. 3: 15 Jul 2006 (see s. 2 and *Gazette* 14 Jul 2006 p. 2559) |
| **Reprint 3: The *Family Court Act 1997* as at 20 Oct 2006** (includes amendments listed above) | | | |
| *Legal Profession Act 2008* s. 663 | 21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) |
| *Surrogacy Act 2008* Pt. 4 Div. 3 | 47 of 2008 | 10 Dec 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 512) |
| *Statutes (Repeals and Minor Amendments) Act 2009* s. 7 | 46 of 2009 | 3 Dec 2009 | 4 Dec 2009 (see s. 2(b)) |
| *Family Court Amendment (Family Violence and Other Measures) Act 2013* | 13 of 2013 | 4 Oct 2013 | Pt. 1: 4 Oct 2013 (see s. 2(a)); Act other than Pt. 1: 5 Oct 2013 (see s. 2(b)) |
| **Reprint 4: The *Family Court Act 1997* as at 14 Mar 2014** (includes amendments listed above) | | | |
| *Child Support (Commonwealth Powers) Act 2019* Pt. 3 | 7 of 2019 | 15 May 2019 | 15 May 2019 (see s. 2) |
| *COVID‑19 Response and Economic Recovery Omnibus Act 2020* s. 59 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) |
| *Family Court Amendment Act 2021* | 16 of 2021 | 9 Sep 2021 | s. 1 and 2: 9 Sep 2021 (see s. 2(a)); Act other than s. 1 and 2: 10 Sep 2021 (see s. 2(b)) |
| *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
| *Family Court Amendment Act 2022* Pt. 2 | 28 of 2022 | 31 Aug 2022 | 28 Sep 2022 (see s. 2(c) and SL 2022/159 cl. 2) |
| *Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024* Pt. 4 Div. 8 | 31 of 2024 | 26 Sep 2024 | 30 May 2025 (see s. 2(b) and SL 2025/80 cl. 2) |
| *Family Court Amendment (Commonwealth Reforms) Act 2024* Pt. 2 | 49 of 2024 | 6 Dec 2024 | 10 Feb 2025 (see s. 2(b) and SL 2025/10 cl. 2) |
Uncommenced provisions table
To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.
| **Short title** | **Number and year** | **Assent** | **Commencement** |
| --- | --- | --- | --- |
| *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 43(2) | 43 of 2000 | 2 Nov 2000 | To be proclaimed (see s. 2(2)) |
| *Evidence Act 2025* s. 492(1) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) |
| *Assisted Reproductive Technology and Surrogacy Act 2025* Pt. 17 Div. 6 | 19 of 2025 | 18 Dec 2025 | To be proclaimed (see s. 2(c)) |
Other notes
1 The *Superannuation and Family Benefits Act 1938* was repealed by the *State Superannuation Act 2000* s. 39. Certain provisions of that Act continue to apply to and in relation to certain schemes because of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26.