Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.55Discharge of dispensation order if stated party not served with application
Start here
Get a plain-English read of sec.55
Turn the raw legal text into a practical explanation grounded in Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020.
sec.55 Discharge of dispensation order if stated party not served with application
This section applies if— a court makes a dispensation order; and a copy of the application for the order was not served on a stated party. The party may apply to the court to discharge the dispensation order. The applicant must serve a copy of the application for discharge of the dispensation order on each other person who was a party to the proceeding for the dispensation order. The court may discharge the dispensation order if— a cultural recognition order has not been made; and the court is satisfied a ground on which the dispensation order was made under section 52 does not apply. (sec.55-ssec.1) This section applies if— a court makes a dispensation order; and a copy of the application for the order was not served on a stated party. (sec.55-ssec.2) The party may apply to the court to discharge the dispensation order. (sec.55-ssec.3) The applicant must serve a copy of the application for discharge of the dispensation order on each other person who was a party to the proceeding for the dispensation order. (sec.55-ssec.4) The court may discharge the dispensation order if— a cultural recognition order has not been made; and the court is satisfied a ground on which the dispensation order was made under section 52 does not apply.
- (a) a court makes a dispensation order; and
- (b) a copy of the application for the order was not served on a stated party.
- (a) a cultural recognition order has not been made; and
- (b) the court is satisfied a ground on which the dispensation order was made under section 52 does not apply.