Family Law Regulations 1984

Part I—Preliminary

1 Name of regulations

These regulations are the Family Law Regulations 1984.

2 Authority

These Regulations are made under the Family Law Act 1975.

3 Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the following:

(a) applicable Rules of Court;
(b) Chief Executive Officer;
(c) Federal Circuit and Family Court of Australia;
(d) standard Rules of Court.

In these Regulations:

Act means the Family Law Act 1975.

application means an application to a court for the purpose of instituting proceedings under the Act or an application to a relevant Registrar made under these Regulations.

certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary.

Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.

filed has the same meaning as in the applicable Rules of Court.

Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.

intervener means, in relation to proceedings, the Attorney‑General or any other person when intervening or applying to intervene under Part IX of the Act, or a child independently represented under subsection 68L(2) of the Act.

legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.

party to proceedings means an applicant, respondent or intervener in proceedings under the Act.

relevant Registrar of a court means:

(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);
(ii) a Senior Registrar or Registrar of that court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);
(ii) a Senior Registrar or Registrar of that court; or
(c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.

respondent means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener.

sealed means sealed with the seal of the court or otherwise endorsed by an officer of the court.

Secretary means:

(a) the Secretary of the Attorney‑General’s Department; or
(b) a person authorised by the Secretary to perform a function in relation to which the expression is used.

Shared Parental Responsibility Act means the Family Law Amendment (Shared Parental Responsibility) Act 2006.

the former Regulations means Statutory Rules 1975 No. 210 as amended by the other Statutory Rules repealed by regulation 78.

Part II—General

4 Directions as to practice and procedure

(1) Where a court is satisfied in the circumstances of a particular case that: (a) the provisions of the Act, these Regulations and the applicable Rules of Court do not make adequate provision for practice and procedure; or (b) a difficulty arises or doubt exists as to practice and procedure; the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary. (3) Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations and the applicable Rules of Court.

5 Non‑compliance with Regulations

(1) Non‑compliance with these Regulations, or with a rule of practice or procedure in a court exercising jurisdiction under the Act, does not render proceedings in that court void unless the court so directs. (2) In exercising its discretion under this regulation, the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with these Regulations. (3) In relation to proceedings that commenced before the commencement of these Regulations, a reference, in subregulation (1), to these Regulations shall be read as including a reference to the former Regulations in their application to those proceedings.

6 Court or relevant Registrar may relieve from consequences of non‑compliance

(1) Subject to the Act and these Regulations: (a) the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with these Regulations, a rule of practice and procedure of the court applicable to the proceedings or an order made by a relevant Registrar; (b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and (c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Regulations. (2) Where these Regulations fail to make provision on any matter, the court is empowered to give, and shall give, such directions as to practice and procedure as the court thinks fit. (3) In relation to proceedings that commenced before the commencement of these Regulations, a reference, in subregulation (1) or (2), to these Regulations shall be read as including a reference to the former Regulations in their application to those proceedings.

7 Appointment of family consultants

For the purposes of paragraph 11B(c) of the Act, a family consultant may be appointed in writing by the Chief Executive Officer.

8 Prescribed information about non‑court based family services and court’s processes and services (Act s 12B)

For section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about: (a) the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and (b) the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and (c) the steps involved in the proposed proceedings; and (d) the role of family consultants; and (e) the arbitration facilities available to arbitrate disputes in relation to separation and divorce.

8A Prescribed information about reconciliation (Act s 12C)

For section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.

Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.

8B Prescribed information about Part VII proceedings (Act s 12D)

For section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.

Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.

10A Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court (Act s 44A)

For section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following prescribed courts: (a) a court constituted by a stipendiary magistrate who is the Principal Registrar, or a Registrar, of the Family Court of Western Australia; (b) the Magistrates Court constituted by section 4 of the Magistrates Court Act 1930 of the Australian Capital Territory; (c) the Court of Petty Sessions of Norfolk Island.

12A Prescribed pensions, allowances or benefits—subsection 4(1) of the Act

For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed: (a) the following entitlements under the Veterans’ Entitlements Act 1986: (i) a service pension within the meaning given by subsection 5Q(1) of that Act; (ii) a veteran payment within the meaning given by subsection 5Q(1) of that Act; (iii) income support supplement under Part IIIA of that Act; (b) a social security pension or a social security benefit within the meaning given by subsection 23(1) of the Social Security Act 1991; (c) a family tax benefit within the meaning given by subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act; (ca) so much of an allowance under the Aboriginal study assistance scheme, within the meaning given by subsection 23(1) of the Social Security Act 1991, as is means tested; (d) the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3(1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance; (e) a payment under the scheme known as the New Enterprise Incentive Scheme; (ea) a payment under the program known as: (i) the Self‑Employment Assistance program; or (ii) if the Self‑Employment Assistance program is known by another name—that other name; (f) an AUSTUDY benefit under Part 2 of the Student and Youth Assistance Act 1973 as in force immediately before 1 July 1998.

Note: For the purposes of subparagraph (ea)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change (see subsection 23(25) of the Social Security Act 1991).

12B Child welfare law—prescribed law of a State or Territory

(1) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each of the following classes of laws is prescribed, namely, any law of: (a) the State of New South Wales; (b) the State of Victoria; (c) the State of Queensland; (d) the State of Western Australia; (e) the State of South Australia; (f) the State of Tasmania; (g) the Australian Capital Territory; (h) the Northern Territory; or (i) the Territory of Norfolk Island; that relates to the imprisonment, detention or residence of a child upon being dealt with for a criminal offence. (2) For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in Column 2 of an item in Schedule 5, being a law of the State or Territory specified in Column 3 of that item, is prescribed.

12BA Child welfare officer—prescribed office of a State or Territory

For paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office: (a) for New South Wales—the offices of: (i) Minister for Family and Community Services, in relation to the Adoption Act 2000 (NSW) and the Children and Young Persons (Care and Protection) Act 1998 (NSW); and (ii) Minister for Disability Services, in relation to the Guardianship Act 1987 (NSW); (b) for Tasmania—the office of Secretary of the Department of Communities Tasmania; (c) for Victoria—the office of Secretary of the Department of Health and Human Services; (d) for Queensland—the office of the Chief Executive of the Department of Child Safety, Youth and Women; (e) for the Australian Capital Territory—the offices of: (i) Director‑General of the Community Services Directorate; and (ii) Chief Psychiatrist appointed under subsection 196(1) of the Mental Health Act 2015 (ACT); (f) for the Northern Territory—the office of the Minister for Territory Families.

12BB Family violence order—prescribed laws of State or Territory

For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in column 2 of an item in Schedule 8 is a prescribed law of the State or Territory set out in column 3 of that item.

12BC De facto relationships—prescribed laws and relationships

For paragraph 4AA(2)(g) of the Act, the following are prescribed: (a) a law mentioned in an item of the following table; (b) a kind of relationship, mentioned in the item, that is or was registered under the law.

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Registered relationships</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Law</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Kind of relationship</span></p></td></tr></thead><tbody><tr><td style="width:7.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:33.88%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Relationships Register Act 2010</span><span> (NSW)</span></p></td><td style="width:58.9%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A relationship that may be registered in accordance with Part</span><span> </span><span>2 of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Relationships Act 2008</span><span> (Vic.)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A registrable domestic relationship that may be registered in accordance with Part</span><span> </span><span>2.2 of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Civil Partnerships Act 2011</span><span> (Qld)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A relationship that may be entered into in accordance with sections</span><span> </span><span>4 and 5 of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Relationships Register Act 2016</span><span> (SA)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A relationship that may be registered in accordance with Part</span><span> </span><span>2 of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Relationships Act 2003</span><span> (Tas.)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A significant relationship in relation to which a deed of relationship may be registered in accordance with Part</span><span> </span><span>2 of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Domestic Relationships Act 1994</span><span> (ACT)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A civil partnership that may be entered into in accordance with sections</span><span> </span><span>37C and 37D of that Act</span></p></td></tr><tr><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:33.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Births, Deaths and Marriages Registration Act 1997</span><span> (ACT)</span></p></td><td style="width:58.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A civil union that must be registered under section</span><span> </span><span>32A of that Act</span></p></td></tr></tbody></table>

12C Artificial conception procedures: child of woman and other intended parent—prescribed laws

For subparagraph 60H(1)(b)(ii) of the Act, the laws mentioned in the following table are prescribed.

12CA Artificial conception procedures: child of woman—prescribed laws

For paragraph 60H(2)(b) of the Act, the laws mentioned in the following table are prescribed.

12CAA Children born under surrogacy arrangements—prescribed laws

For subsection 60HB(1) of the Act, the laws mentioned in the following table are prescribed.

12CAB Other circumstances in which court may hear application for Part VII order (Act s 60I(9)(f))

For paragraph 60I(9)(f) of the Act, the circumstance that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed is specified.

12CB Commonwealth information orders—prescribed Departments and Commonwealth instrumentalities

For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed: (a) Department of Jobs and Small Business; (b) Department of Foreign Affairs and Trade; (c) Department of Health; (d) Department of Home Affairs; (e) Services Australia; (f) Department of Veterans’ Affairs; (g) Australian Institute of Family Studies; (h) Department of Education and Training; (i) Department of Social Services.

12CBA Information sharing agencies

For the purposes of section 67ZBC of the Act, each of the following is prescribed as an information sharing agency: (a) the police force or police service of a State or Territory; (b) the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing; (c) the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory; (d) the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory; (e) either: (i) the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or (ii) if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.

12CBB Information sharing safeguards

(1) For the purposes of subsection 67ZBI(1) of the Act, this regulation prescribes information sharing safeguards that: (a) an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and (b) the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.

Note: For the purposes of paragraph (b), use includes handle, store and access: see subsection 67ZBI(3) of the Act.

Extent material is to be provided, stored or used (2) Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent: (a) that the material relates to a matter mentioned in subsection 67ZBD(2) or 67ZBE(2) of the Act; or (b) required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act). Reasonable care to be taken to protect from physical and psychological harm (3) The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm. Prevention of improper provision, storage and use (4) The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material. (5) Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence: (a) a party to the proceedings; (b) a child to whom the proceedings relates; (c) another person to whom the shared material relates; unless the access or disclosure is in accordance with an order of a court. (6) The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to: (a) a party to the proceedings; or (b) a child to whom the proceedings relates; or (c) another person to whom the shared material relates. Correction of errors (7) If the information sharing agency becomes aware that the shared material is incorrect, then as soon as possible: (a) the information sharing agency is to notify the court of the correction; and (b) subject to subregulation (10), the court is to correct its records accordingly. Requests for documents or information not in possession or control (8) If: (a) an information sharing agency receives an order under section 67ZBD or 67ZBE of the Act relating to a matter; and (b) the information sharing agency does not have in its possession or control any documents or information relating to the matter; then, subject to subregulation (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order. (9) If: (a) a person requests access to the shared material or to material that is purported to be shared material provided to the court; and (b) the court does not have such material in its possession or control; then, subject to subregulation (10), the court is to destroy or redact its records relating to the request. Record‑keeping obligations not affected (10) Subregulations (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.

12CC Registration of court decision (Act s 68R(6))

(1) For subsection 68R(6) of the Act, if, in relation to family violence proceedings before a court, the court: (a) makes or varies a family violence order (whether or not by interim order); and (b) revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act; the relevant Registrar of the court must send a sealed copy of the decision mentioned in paragraph (b) to the relevant Registrar of the court that made the order, injunction or arrangement so revived, varied, discharged or suspended, as soon as practicable. (2) On receiving the sealed copy of the decision, the relevant Registrar must register the decision by: (a) filing the sealed copy; and (b) noting on the sealed copy the fact and date of registration.

Note: For the definition of family violence order, see subsection 4(1) of the Act and regulation 12BB.

12CE Evidence relating to professional confidential relationship privilege—prescribed laws

For paragraph 69ZX(4)(b) of the Act, each law mentioned in an item in Schedule 9A, being a law of the State or Territory mentioned in the item, is prescribed.

12D Registration of State child orders—prescribed States

For the purposes of section 70C of the Act, each of the following States and Territories is a prescribed State: (a) the State of New South Wales; (b) the State of Victoria; (ba) the State of Queensland; (bb) the State of Western Australia; (c) the State of South Australia; (d) the State of Tasmania; (e) the Australian Capital Territory; (f) the Northern Territory; (g) the Territory of Norfolk Island.

13 Authentication of consent in writing

For subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) of the Act, a consent in writing must be authenticated by a person mentioned in section 8 of the Statutory Declarations Act 1959 endorsing on the consent a statement that: (a) the person is satisfied about the identity of the person signing the consent; and (b) the consent was signed in the person’s presence.

14 Meaning of prescribed overseas jurisdiction

For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act: (a) each country or part of a country, set out in column 2 of an item in Schedule 1A is declared to be a prescribed overseas jurisdiction for the purposes of: (i) subsection 4(1) of the Act, in relation to the definition of overseas child order; and (ii) sections 70M and 70N of the Act; and (b) each country, or part of a country, set out in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of: (i) subsection 4(1) of the Act, in relation to the definition of overseas maintenance agreement; and (ii) paragraph 89(b) of the Act.

14A Prescribed maximum period—sentence or order (Act s 70NFC(6), 112AG(6))

For the definitions of maximum period in subsections 70NFC(6) and 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.

15 Institution etc of proceedings by persons holding certain offices

(1) For the purposes of sections 69D and 89A and paragraph 125(1)(f) of the Act, each of the following offices under a law of a State or of a Territory is specified: (a) Collector of Maintenance; (b) Deputy Collector of Maintenance; (c) Assistant Collector of Maintenance. (2) A person for the time being holding an office referred to in subregulation (1) is authorized, in his or her discretion, to institute, continue or prosecute proceedings with respect to the maintenance of a party to a marriage or of a child, on behalf of that party or child. (3) For the purposes of paragraph 125(1)(f) of the Act, each person for the time being holding an office referred to in subregulation (1), and each officer of a court of summary jurisdiction of a State or Territory, is a person entitled, in his or her discretion, to institute, continue or prosecute proceedings, on behalf of the person entitled to moneys payable under child maintenance order under Part VII of the Act, or a maintenance order under Part VIII of the Act, for the purpose of enforcing payment of those moneys.

15AA Third party expenses (Act s 90AJ)

(1) For subsection 90AJ(4) of the Act, this regulation provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) in relation to those expenses. (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage. (3) Without limiting subregulation (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.

Note: Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:

 legal and registration fees
 valuation fees
 government charges and duties
 searching, obtaining and producing documents
 postage, delivery, transport or other transmission of documents
 communications with the parties to the marriage or another person.

(4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged. (5) Jurisdiction is conferred on a court having jurisdiction under the Act: (a) to decide whether fees charged by a third party under subregulation (2) are reasonable; and (b) to make an order in relation to the collection or recovery of such reasonable fees.

15AB De facto relationships—prescribed laws

For paragraph 90SB(d) of the Act, the laws mentioned in the following table are prescribed.

17 Registration of decrees

(1) A decree (other than a divorce order or a decree of nullity of marriage) may be registered in any court having jurisdiction under the Act by filing a sealed copy of the decree in that court. (2) For the purposes of subregulation (1), a decree may be filed: (a) by a party to the proceedings in which the decree was made; (b) by a child entitled to benefit under the decree; (c) by an officer of the court; (d) by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or (e) with the leave of the court, by any other person. (3) A decree filed and registered under subregulation (1) shall be numbered in accordance with the applicable Rules of Court.

17A Declaration—definition of forfeiture order

Each kind of order declared by regulation 5 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate forfeiture order in section 338 of the Proceeds of Crime Act 2002 is declared to be a forfeiture order for the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act.

17B Declaration—definition of restraining order

Each kind of order declared by regulation 7 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate restraining order in section 338 of the Proceeds of Crime Act 2002 is declared to be a restraining order for the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act.

17C Definition of State or Territory proceeds of crime law

Each law declared by regulation 4 of the Proceeds of Crime Regulations 2002 to be a law that corresponds to the Proceeds of Crime Act 2002 is, for the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, declared to be a law that corresponds to the Proceeds of Crime Act 2002.

17D Definition of proceeds of crime authority

Forfeiture orders (1) For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Restraining Orders (2) For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Forfeiture applications (3) For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

18 Interstate enforcement of affiliation and similar orders

(1) This regulation applies to orders to which section 109 of the Act applies. (2) A reference in this regulation to an order made by a court shall be read as including a reference to an order made by another court on an appeal in connection with proceedings that originated in the first‑mentioned court. (3) For the purposes of this regulation, a person working in a place, whether temporarily or permanently, shall be deemed to be resident in that place as well as in the place in which he or she is in fact resident. (4) Where an order to which this regulation applies is still in force and it appears that the person against whom the order has been made is resident in, or proceeding to, a State or Territory, other than the State or Territory in which the order was made, the relevant Registrar of the court in the State or Territory in which the order was made may, of his or her own motion, or on the application of a person for whose benefit the order was made, send to a court having jurisdiction under the Act in that other State or Territory: (a) 3 certified copies of the order; (b) a certificate setting out the amounts payable and remaining unpaid under the order; (c) such information and material (if any) as the relevant Registrar possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and (d) a request in writing that the order be made enforceable in that State or Territory. (5) Where the relevant Registrar of a court receives the documents referred to in subregulation (4), the relevant Registrar of that court shall, if there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to the area over which the court has jurisdiction, register the order by filing in the court a certified copy of the order and certificate and noting the fact and date of the registration on that certified copy. (6) An order registered under subregulation (5) is, until the registration is cancelled, enforceable in the court in which the certified copy of the order is filed both with respect to any moneys or arrears presently payable under the order and with respect to amounts becoming due under the order after it is so registered as if it were an order made under the Act. (7) Upon registration under subregulation (5) of an order, the relevant Registrar of the court shall: (a) notify the relevant Registrar of the requesting court of the registration; and (b) cause a certified copy of the order to be served upon the person against whom the order has been made, together with a notice of registration of the order in the court specifying: (i) the amount, if any, (including arrears) due under the order; and (ii) the person, authority or court to whom or to which money payable under the order is to be paid. (8) Service of the documents may be effected by: (a) delivering the documents to the person personally; or (b) sending the documents by prepaid post to the person at the person’s last known address; or (c) posting, faxing or delivering the documents to the person at the person’s address for service within the meaning of the applicable Rules of Court. (8A) Documents served under paragraph 8(b) must be accompanied by a form of acknowledgment of service for completion by the person served. (9) Where an order has been registered in a court in accordance with this regulation and there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in the State or Territory in which the order has been registered but is or is about to be resident in another State or Territory, the relevant Registrar of the court in which the order has been registered shall forthwith notify the relevant Registrar of the court in which the order was made accordingly and shall give to that relevant Registrar such information as the relevant Registrar of the first‑mentioned court possesses concerning the whereabouts and intended movements of that person. (10) Where: (a) an order has been registered in accordance with this regulation; and (b) the relevant Registrar of a court receives from the requesting court a request in writing that the order be no longer enforced; the relevant Registrar shall cancel the registration by noting the fact and date of the cancellation on the certified copy of the order filed in the court. (11) Upon the cancellation of the registration of an order: (a) the order ceases to be enforceable by the court in which it has been registered; (b) the order remains unenforceable by that court unless and until it is again registered in that court; and (c) every warrant or other process arising out of the registration of the order ceases to have force or effect. (12) Where: (a) an order to which this regulation applies made by a court in a State or Territory was, before the commencement of the Act, registered in a court in another State or Territory (being a court that has jurisdiction under the Act); and (b) the registration had not been cancelled before the commencement of this subregulation; subregulations (6), (9), (10) and (11) apply in relation to that order as if it were an order registered in the last‑mentioned court in accordance with this regulation.

19 Operation of State and Territory laws—prescribed laws (Act s 114AB)

For section 114AB of the Act, the following are prescribed laws: (a) the Crimes (Domestic and Personal Violence) Act 2007 (NSW); (b) the Family Violence Protection Act 2008 (Vic); (c) the Domestic and Family Violence Protection Act 2012 (Qld) and the Peace and Good Behaviour Act 1982 (Qld); (d) Parts 1 to 6 of the Restraining Orders Act 1997 (WA); (e) the Intervention Orders (Prevention of Abuse) Act 2009 (SA); (f) the Family Violence Act 2004 (Tas) and Part XA of the Justices Act 1959 (Tas); (g) the Family Violence Act 2016 (ACT); (h) the Domestic and Family Violence Act 2007 (NT); (i) the Domestic Violence Act 1995 (NI).

19A Exceptions to restriction on publishing Court proceedings—States and Territories authorities that have responsibilities relating to the welfare of children

For paragraph 121(9)(aa) of the Act, each of the following authorities is prescribed: (a) for New South Wales—the Department of Family and Community Services; (b) for Victoria—the Department of Health and Human Services; (c) for Queensland—the Department of Child Safety, Youth and Women; (d) for Western Australia—the Department of Communities; (e) for South Australia—the Department for Child Protection; (f) for Tasmania—the Department of Communities Tasmania; (g) for the Australian Capital Territory—the Community Services Directorate; (h) for the Northern Territory—Territory Families.

20 Priority of attachment orders

For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment) shall be regarded as having been made under this regulation and shall have the same force and effect as an order made under the Third Schedule to the repealed Act.

21 Conversion of currency

(1) If the Child Support Registrar has calculated the amount in Australian currency (the Australian amount) that is equivalent to an amount expressed in a currency of an overseas country in a document to which this regulation applies, the calculation done by the Child Support Registrar also applies for these Regulations. (2) If the Child Support Registrar has not done the calculation mentioned in subregulation (1), the calculation must be done in the way set out in this regulation. (3) The Australian amount is calculated by using the telegraphic transfer rate of exchange prevailing on the day on which the order, agreement or liability relevant to the document becomes enforceable in Australia. (4) If the Secretary calculates the Australian amount for a document to which this regulation applies, the Secretary must endorse on the document the rate of exchange used for the calculation. (5) This regulation applies to the following documents: (a) an overseas maintenance order (including a provisional order); (b) an overseas maintenance agreement; (c) a document about an overseas maintenance entry liability for Division 2 in Part III; (d) a certificate or notice, originating in an overseas jurisdiction, about an overseas maintenance order or agreement.

Part IIAAA—Protected names and symbols

21AAA Protected names (Act s 9A)

For the definition of protected name in subsection 9A(4) of the Act, each of the names specified in Schedule 10 is prescribed.

21AAB Protected symbols (Act s 9A)

(1) Each symbol whose design is set out in Schedule 11 is a protected symbol for the purposes of the definition of that term in subsection 9A(4) of the Act. (2) A symbol mentioned in subregulation (1) does not cease to be a protected symbol by reason only of the symbol being expressed in a colour, combination of colours, font or size different from that set out in Schedule 11.