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2002-2003
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
FAMILY LAW AMENDMENT
BILL 2003
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and New Clauses to be moved on Behalf of the Government
(Circulated by authority of the
Attorney-General,
the Hon Daryl Williams AM QC
MP)
TABLE OF CONTENTS
Page
General
Outline 1
Financial Impact
Statement 1
Regulation Impact on
Business 1
Consultation
Statement 1
Notes on
Clauses 2
Schedule
2 2
Schedule 4 2
Schedule
5 2
FAMILY LAW AMENDMENT BILL
2003
GENERAL OUTLINE
In line with the Government’s ongoing reform agenda in family law, the Bill makes a range of amendments to the Family Law Act 1975 (the Act). The Government amendments to the Bill correct drafting errors in the Bill and introduce an additional amendment to the Act.
The amendments correct drafting errors in Schedules 2, 4 and 5 of the Bill.
The amendments introduce an additional measure into the Bill. Schedule 5 of the Bill will insert a new subsection 90C(2A) into the Act to clarify the intent of the current section 90C in the financial agreements provisions in the Act.
FINANCIAL IMPACT STATEMENT
These Government amendments will have little or no financial impact.
NOTES ON CLAUSES
Clause 2 – Commencement –
1. Clause 2 provides for the commencement of the Act. Subclause 2(1) provides that each provision in column 1 of the table will commence on the day or at the time specified in column 2 of the table.
2. Schedule 5, item 1A commences immediately after the commencement of Schedule 2 of the Family Law Amendment Act 2000. This will ensure that the provision operates as the Government intended at the time that it was enacted. It should not impact adversely on anyone who has made a financial agreement under section 90C of the Act, as these parties would have relied on the Government’s intention that they were able to make such an agreement during the period after separation but before the dissolution of the marriage. The effect of the actual provision is described below.
SCHEDULE 2 – USE OF AUDIO LINKS, VIDEO LINKS ETC.
Family Law Act
1975
Item
7 – At the end of Part XI
3. In new section 102D, at page 12 (lines 31 to 33), the words “giving testimony is in or outside Australia, but does not allow testimony to be given by a person who” are omitted and are substituted by the words “appearing is in or outside Australia, but does not apply if the person appearing”. This amendment corrects a drafting error.
4. In new section 102E, at page 13 (lines 11 to 13), the words “giving testimony is in or outside Australia, but does not allow testimony to be given by a person who” are omitted and are substituted by the words “making the submission is in or outside Australia, but does not apply if the person making the submission”. This amendment corrects a drafting error.
SCHEDULE 4 – PARENTING COMPLIANCE REGIME
Item 1 – After section 65L
5. In item 1, at page 27 (line 10), the words “parenting order” are omitted and are substituted by the word “proceedings”. This amendment corrects a drafting error.
SCHEDULE 5 – FINANCIAL AGREEMENTS
Item 1A – After subsection 90C(2)
6. A new Item 1A is inserted. Item 1A amends the current section 90C(2) of the Act to ensure that the parties to a marriage can make a financial agreement dealing with the property or financial resources of either or both of the parties after the marriage breaks down but before the dissolution of the marriage. This amendment will give effect to the original intention of the Government when section 90C was introduced. The retrospective commencement of the provision, will not impact on parties who have already made such financial agreements under section 90C, as it is this original intention that would have been relied upon by the parties when making these agreements.
Item 4 – Section 90L
7. In item 4, at page 35 (line 3), the words “or financial agreement” are inserted after “order”. This amendment corrects a drafting error, to ensure that instruments of transfer made pursuant to financial agreements are not liable to duty under Commonwealth and State law.