8Section 5 regarded as having ceased to have effect in certain cases

8 Section 5 regarded as having ceased to have effect in certain cases

(1) If:

(a) before the commencement of this Act, a court, in the exercise of its federal family jurisdiction, made an order (the new order) on the basis that an ineffective order of the kind referred to in subsection 4(2) was or might be invalid; and

(b) the new order replaced the ineffective order (see subsection (2));

section 5 is to be regarded as having ceased to have effect in respect of the ineffective order when the new order took effect. (2) For the purposes of subsection (1), the new order replaced the ineffective order if the new order:

(a) conferred or imposed rights or liabilities similar to or different from those purportedly conferred or imposed by the ineffective order; or

(b) affected rights or liabilities in the same way as they were purportedly affected by the ineffective order or in a different way.

(3) If:

(a) before the commencement of this Act, a court, in the exercise of its federal family jurisdiction, made an order or decision (the new order or decision) on the basis that the registration decision in relation to an ineffective order of the kind referred to in subsection 4(3) was or might be invalid; and

(b) the new order or decision replaced the ineffective order (see subsection (4));

section 5 is to be regarded as having ceased to have effect in respect of the ineffective order when the new order or decision took effect. (4) For the purposes of subsection (3), the new order or decision replaced the ineffective order if:

(a) it was an order:

(i) conferring or imposing rights or liabilities similar to or different from those purportedly conferred or imposed by the ineffective order; or

(ii) affecting rights or liabilities in the same way as they were purportedly affected by the ineffective order or in a different way; or

(b) it was a decision to register the same or a different parenting plan under section 63E of the Family Law Act 1975.