Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.78Effect of discharge order
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sec.78 Effect of discharge order
On the making of a discharge order discharging a cultural recognition order, the rights, privileges, duties, liabilities and relationships of the person and each relevant party to the cultural recognition order are the same as if the cultural recognition order had not been made. However, the making of the discharge order does not affect— anything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or a right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force. Also, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have— the familial relationships that resulted from the making of the cultural recognition order; and the familial relationships resulting from the making of the discharge order. (sec.78-ssec.1) On the making of a discharge order discharging a cultural recognition order, the rights, privileges, duties, liabilities and relationships of the person and each relevant party to the cultural recognition order are the same as if the cultural recognition order had not been made. (sec.78-ssec.2) However, the making of the discharge order does not affect— anything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or a right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force. (sec.78-ssec.3) Also, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have— the familial relationships that resulted from the making of the cultural recognition order; and the familial relationships resulting from the making of the discharge order.
- (a) anything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or
- (b) a right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force.
- (a) the familial relationships that resulted from the making of the cultural recognition order; and
- (b) the familial relationships resulting from the making of the discharge order.