Commonwealth legislation

Family Law Act 1975 s 40(2) - Proclamation (23/11/1983)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

On 25 November 1983 the Governor‑General proclaimed that the federal Family Court of Australia could begin exercising family‑law powers nationwide. Except in Western Australia — where the court was limited to hearing appeals from the state’s Family Court and related matters — the federal court was empowered to hear divorces, property and parenting disputes. This extended national reach while preserving WA’s state‑based first-instance system.

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Current sections

Direct links to the current provisions in Family Law Act 1975 s 40(2) - Proclamation (23/11/1983).

Family Law Act 1975 s 40(2) - Proclamation (23/11/1983)

PROCLAMATION

Commonwealth of By His Excellency the

Australia Governor-General of

N. M. STEPHEN the Commonwealth of

Governor-General Australia

I, SIR NINIAN MARTIN STEPHEN, the Governor-

General of the Commonwealth of Australia, acting with the

advice of the Federal Executive Council in pursuance of sub-

section 40 (2) of the Family Law Act 1975 and section 4 of

the Acts Interpretation Act 1901, hereby fix 25 November

1983 as the date on and after which the jurisdiction of the

Family Court under the Family Law Act 1975 may be

exercised –

(a) in respect of all proceedings in the States of New

South Wales, Victoria, Queensland, South Australia

and Tasmania and in the Australian Capital Territory,

the Northern Territory and Norfolk Island with re-

spect to matters in which the Family Court has juris-

diction by virtue of paragraph 31 (1) (a), (b) or (d),

sub-section 39 (5) or 93A (1) or section 94A of that

Act; or

(b) in respect of proceedings in the State of Western

Australia that are –

(i) appeals under sub-section 94 (1) of that Act from

decrees of the Family Court of Western Australia,

being appeals in respect of which the Family

Court has jurisdiction by virtue of sub-section

93A (1) of that Act; or

(ii) proceedings in respect of which the Family Court

has jurisdiction by virtue of section 94A of that

Act.

(L.S.) GIVEN under my Hand and the Great Seal of

Australia on 23 November 1983.

By His Excellency’s Command,

GARETH EVANS

Attorney-General

GOD SAVE THE QUEEN!

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Family Law Act 1975 s 40(2) - Proclamation (23/11/1983)