Family Law Amendment Regulation 2012 (No. 3) (Australia)

Family Law Amendment Regulation 2012 (No. 3)

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Family Law Amendment Regulation 2012 (No. 3)1
Select Legislative Instrument 2012 No. 211
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Family Law Act 1975.
Dated 30 August 2012
MARIE BASHIR
Administrator
By Her Excellency’s Command
NICOLA ROXON
Attorney-General
Contents
                        1      Name of regulation                                                          3
                        2      Commencement                                                              3
                        3      Amendment of Family Law Regulations 1984                    3
Schedule 1                  Amendments commencing on day after registration      4
Schedule 2                  Amendments commencing on 17 September 2012       10
Schedule 3                  Amendments commencing on later of commencement of Schedule 2 to Access to Justice (Federal Jurisdiction) Amendment Act 2012 and day after registration       11
Schedule 4                  Amendment commencing on commencement of Schedule 3 to Access to Justice (Federal Jurisdiction) Amendment Act 2012                               12

1              Name of regulation
                This regulation is the Family Law Amendment Regulation 2012 (No. 3).
2              Commencement
                This regulation commences as follows:
                (a)    on the day after it is registered—sections 1 to 3 and Schedule 1;
               (b)    on 17 September 2012—Schedule 2;
                (c)    on the later of the commencement of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 and the day after it is registered—Schedule 3;
               (d)    on the commencement of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012—Schedule 4.
3              Amendment of Family Law Regulations 1984
                Schedules 1 to 4 amend the Family Law Regulations 1984.
Schedule 1        Amendments commencing on day after registration
(section 3)

[1]           Regulation 12BC, table, item 2A
substitute
2A
Relationships Act 2011 (Qld)
A relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a registered relationship
[2]           Regulation 15AB, item 2A
omit
Civil Partnerships
insert
Relationships
[3]           After regulation 17
insert
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.
Item
Person or body

1
The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2
An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3
The DPP, within the meaning of the Confiscation Act 1997 of Victoria

4
An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

5
A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37 (1) of the Confiscation Act 1997 of Victoria

6
The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

7
A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

8
An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9
The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

10
The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

11
An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

12
The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

13
The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

14
A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

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.
Item
Person or body

1
The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2
An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3
An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

4
The DPP, within the meaning of the Confiscation Act 1997 of Victoria

5
An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

6
A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16 (2) of the Confiscation Act 1997 of Victoria

7
A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K (1) of the Confiscation Act 1997 of Victoria

8
The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9
A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

10
An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

11
The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

12
A police officer, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

13
The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

14
An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

15
An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

16
The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

17
The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

18
A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

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.
Item
Person or body

1
The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2
An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3
The DPP, within the meaning of the Confiscation Act 1997 of Victoria

4
An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

5
A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37 (1) of the Confiscation Act 1997 of Victoria

6
The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

7
A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

8
An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9
The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

10
The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

11
An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

12
The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

13
The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

14
A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

[4]           Subregulation 39BB (2)
omit
(Cocos) Keeling
insert
Cocos (Keeling)
[5]           Paragraph 39BB (2) (g)
omit
[6]           Paragraphs 39BB (2) (h) and (i)
reletter as paragraphs 39BB (2) (g) and (h) respectively
[7]           Subregulation 39BB (3)
substitute
         (3)   However, paragraph (2) (g) applies only so far as proceedings under paragraph 93A (1) (aa) of the Act relate to appeals under subsection 94AAA (1) of the Act.
Schedule 2        Amendments commencing on 17 September 2012
(section 3)

[1]           Paragraph 19 (c)
omit
1989
insert
2012
[2]           Schedule 8, item 4
omit
1989
insert
2012
Schedule 3        Amendments commencing on later of commencement of Schedule 2 to Access to Justice (Federal Jurisdiction) Amendment Act 2012 and day after registration
(section 3)

[1]           Regulation 12AC
omit
[2]           Subregulation 15A (1)
substitute
         (1)   For items 1 to 5 of the table in subsection 94AA (1) of the Act, a prescribed decree is:
                (a)    an interlocutory decree (other than a decree in relation to a child welfare matter); or
               (b)    an order under section 102PE of the Act.
Schedule 4        Amendment commencing on commencement of Schedule 3 to Access to Justice (Federal Jurisdiction) Amendment Act 2012
(section 3)

[1]           Paragraph 15A (1) (b)
omit
102PE
insert
102PE, 102QF or 102QG
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.