Commonwealth Consolidated Acts Commonwealth Consolidated ActsAustralian Citizenship Act 1948
1 Paragraphs 5(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or
(c) under a parenting order the person has parental responsibility for the child's long - term or day - to - day care, welfare and development (whether or not the person is a parent of the child); or
Australian Citizenship Act 2007
2 Paragraphs 6(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or
(c) under a parenting order the person has parental responsibility for the child's long - term or day - to - day care, welfare and development (whether or not the person is a parent of the child); or
3 Paragraphs 11(5)(b) and (c)
Repeal the paragraphs, substitute:
(b) under a parenting order:
(i) the child is to live with the person; or
(ii) the child is to spend time with the person; or
(iii) the person is responsible for the child's long - term or day - to - day care, welfare and development; or
4 Subsection 11(6)
Repeal the subsection.
Child Support (Assessment) Act 1989
5 Section 5
Insert:
"major care" has the meaning given by subsections 8(3) and 8A(5).
6 Section 5 (definition of major contact )
Repeal the definition.
7 Section 5 (subparagraph (a)(ii) of the definition of relevant dependent child )
Omit "contact with", substitute "care of".
8 Section 5
Insert:
"substantial care" has the meaning given by subsections 8(3) and 8A(4).
9 Section 5 (definition of substantial contact )
Repeal the definition.
10 Paragraph 7B(1)(b)
Omit "contact with", substitute "care of".
11 Paragraph 7B(1)(d)
Omit "contact with", substitute "care of".
12 Paragraph 7B(2)(a)
Omit "provides care for a child, shares care of a child or has contact with", substitute "cares for".
13 Paragraph 7B(2)(c)
Omit "providing or sharing such care, or having such contact", substitute "caring for the child".
14 Subsection 7B(2)
Omit "provide or share such care or have such contact", substitute "care for the child".
15 Subsection 7B(3)
Omit "provide care for, share care of or have contact with,", substitute "care for".
16 Subparagraph 8(3)(b)(ii)
Omit "contact with", substitute "care of".
Note: The heading to section 8 is altered by omitting " contact " and substituting " care ".
17 Paragraph 8(3)(c)
Omit " contact with", substitute " care of".
18 Paragraph 8(3)(d)
Omit " contact with", substitute " care of".
19 Paragraph 8A(1)(a)
Omit "the contact between a child and", substitute "the time a child is to spend with".
Note: The heading to section 8A is altered by omitting " /contact ".
20 Paragraph 8A(1)(d)
Repeal the paragraph, substitute:
(d) as a result of the contravention:
(i) a person (the first person ) has more care of the child than the first person would have if the order or parenting plan were not being contravened; and
(ii) another person (the second person ) has less care of the child than the second person would have if the order or parenting plan were not being contravened.
21 Paragraphs 8A(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) the first person is taken to have care of the child only to the extent (if any) to which the first person would have care of the child if the court order or parenting plan (as the case may be) were being complied with; and
(b) the amount of care that the second person has of the child is to be worked out on the basis of the care (if any) that the person actually has of the child; and
22 Subsection 8A(4)
Omit " contact with", substitute " care of".
23 Subsection 8A(5)
Omit " contact with", substitute " care of".
24 Subsection 8A(6)
Omit "contact with", substitute "care of".
25 Paragraph 48(1)(da)
Omit "with whom the parent has substantial contact", substitute "of whom the parent has substantial care".
26 Paragraph 48(1)(e)
Omit "with whom a parent has major contact taken to be 0.65, the number attributed to each child with whom a parent has substantial contact", substitute "of whom a parent has major care taken to be 0.65, the number attributed to each child of whom a parent has substantial care".
27 Paragraph 54(1)(b) (definition of number of children in carer's care )
Omit "with whom a carer has major contact taken to be 0.65, the number attributed to each child with whom a carer has substantial contact", substitute "of whom a carer has major care taken to be 0.65, the number attributed to each child of whom a carer has substantial care".
28 Section 54 (example 2)
Omit "substantial contact", substitute "substantial care".
29 Paragraph 54A(1)(a)
Omit "and contact".
30 Subparagraph 54A(1)(b)(ii)
Omit "contact with", substitute "care of".
31 Paragraph 54B(1)(e)
Omit "with whom the parent has substantial contact", substitute "of whom the parent has substantial care".
32 Subparagraph 54B(1)(f)(i)
Omit "with whom the carer has major contact", substitute "of whom the carer has major care".
33 Subparagraph 54B(1)(f)(ii)
Omit "with whom the carer has substantial contact", substitute "of whom the carer has substantial care".
34 Paragraph 98C(2)(b)
Omit "sub - subparagraph 117(2)(b)(i)(C)", substitute "subparagraph 117(2)(b)(ib)".
35 Subparagraph 117(2)(a)(iv)
Repeal the subparagraph, substitute:
(iv) high costs involved in enabling a parent to care for any other child or another person that the parent has a duty to maintain;
36 Subparagraph 117(2)(b)(i)
Repeal the subparagraph, substitute:
(i) because of high costs involved in enabling a parent to care for the child; or
(ia) because of special needs of the child; or
(ib) because of high child care costs in relation to the child; or
37 Subsection 117(3)
Omit "have contact with", substitute "care for".
38 Subsection 117(3)
Omit "sub-subparagraph (2)(b)(i)(A)", substitute "(2)(b)(i)".
39 Subsection 117(3B)
Omit "sub-subparagraph (2)(b)(i)(C)", substitute "subparagraph (2)(b)(ib)".
40 Subsection 4(1) (definition of contact order )
Repeal the definition.
41 Subsection 4(1) (definition of has )
Repeal the definition.
42 Subsection 4(1) (definition of made in favour )
Repeal the definition, substitute:
"made in favour" , in relation to a parenting order (other than a child maintenance order), has the meaning given by subsection 64B(6).
43 Subsection 4(1)
Insert:
"overseas child order" means:
(a) an order made by a court of a prescribed overseas jurisdiction that:
(i) however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or
(ii) however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or
(iii) however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or
(iv) varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or
(b) an order made for the purposes of the Convention referred to in section 111B by a judicial or administrative authority of a convention country (within the meaning of the regulations made for the purposes of that section).
44 Subsection 4(1) (definition of residence order )
Repeal the definition.
45 Subsection 4(1) (definition of specific issues order )
Repeal the definition.
46 Subsection 4(1)
Insert:
"State child order" means an order made under the law of a State:
(a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or
(b) that (however it is expressed) has the effect of providing for a person or persons to spend time with a child who is under 18; or
(c) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.
47 Subsection 4(1)
Insert:
"Subdivision C parenting order" , when used in Division 13 of Part VII, means a parenting order to the extent to which it deals with:
(a) whom a child is to live with; or
(b) whom a child is to spend time with; or
(c) who is to be responsible for a child's day - to - day care, welfare and development.
48 Subsection 26B(1A)
Repeal the subsection, substitute:
(1A) An excluded child order is:
(a) a parenting order to the extent to which it provides that:
(i) a child is to live with a person; or
(ii) a child is to spend time with a person; or
(iii) a child is to communicate with a person; or
(iv) a person is to have parental responsibility for a child; or
(b) an order in relation to the welfare of a child;
other than:
(c) a parenting order made under paragraph 70NEB(1)(b) or an order made under paragraph 70NFB(2)(c) that has the same effect as such a parenting order; or
(d) an order until further order; or
(e) an order made in undefended proceedings; or
(f) an order made with the consent of all the parties to the proceedings.
49 Subsection 37A(2A)
Repeal the subsection, substitute:
(2A) An excluded child order is:
(a) a parenting order to the extent to which it provides that:
(i) a child is to live with a person; or
(ii) a child is to spend time with a person; or
(iii) a child is to communicate with a person; or
(iv) a person is to have parental responsibility for a child; or
(b) an order in relation to the welfare of a child;
other than:
(c) an order until further order; or
(d) an order made in undefended proceedings; or
(e) an order made with the consent of all the parties to the proceedings.
50 Section 60C (table item 6)
Omit ", other than child maintenance orders" (first occurring), substitute "(other than child maintenance orders) after attending, if necessary, family dispute resolution (see section 60I)".
51 Section 60C (table item 6)
Omit "residence orders, contact orders and specific issues orders", substitute "parenting orders, other than child maintenance orders".
52 Section 60C (table item 11)
Omit "contact orders etc.", substitute "parenting orders".
53 Section 60C (table item 13A)
Omit "for contact forgone", substitute "a person for time that a child did not spend with the person, or for time that a child did not live with the person,".
54 Subsection 63C(4)
Repeal the subsection, substitute:
(4) Provisions of a parenting plan that deal with matters other than the maintenance of a child are child welfare provisions .
55 Subsection 63C(5)
Omit "(c)", substitute "(f)".
56 Subsection 63F(3)
Repeal the subsection, substitute:
(3) The child welfare provisions have effect, subject to subsections (5) and (6), as if they were provisions of a parenting order.
Note: Provisions of this Act relevant to the child welfare provisions having effect as provided in this subsection include:
(a) Subdivisions C, D and E of Division 6 of this Part (dealing with obligations created by parenting orders (other than child maintenance orders)); and
(b) Division 13A of this Part and Part XIII (dealing generally with enforcement of orders and sanctions for contravening orders); and
(c) subsection 65D(2) (providing for discharge, variation, suspension and revival of parenting orders other than child maintenance orders); and
(d) other provisions of this Act (including subsection 64B(6)) that refer to parenting orders.
57 Paragraph 65A(b)
Repeal the paragraph, substitute:
(b) the general obligations created by parenting orders, other than child maintenance orders (Subdivision C); and
58 Subsection 65G(1)
Repeal the subsection, substitute:
(1) This section applies if:
(a) a court proposes to make a parenting order that deals with whom a child is to live with; and
(b) under the order, the child would not live with a parent, grandparent or other relative of the child; and
(c) the court proposes to make that order with the consent of all the parties to the proceedings.
(1A) This section also applies if:
(a) a court proposes to make a parenting order that deals with the allocation of parental responsibility for a child; and
(b) under the order, no parent, grandparent or other relative of the child would be allocated parental responsibility for the child; and
(c) the court proposes to make that order with the consent of all the parties to the proceedings.
Note: The heading to section 65G is altered by omitting " residence order or specific issues order " and substituting " parenting order about whom a child lives with or the allocation of parental responsibility ".
59 Paragraph 65K(1)(a)
Repeal the paragraph, substitute:
(a) a parenting order is in force that provides that a child is to live with one of the child's parents; and
Note: The heading to section 65K is altered by omitting " that is or includes residence order " and substituting " that deals with whom a child lives with ".
60 Subsection 65K(3)
Repeal the subsection, substitute:
(3) The surviving parent, or another person (subject to section 65C), may apply for a parenting order that deals with the person or persons with whom the child is to live.
61 Subdivision C of Division 6 of Part VII (heading)
Repeal the heading, substitute:
Subdivision C -- General obligations created by certain parenting orders
62 Subsection 65M(1)
Repeal the subsection, substitute:
(1) This section applies to a parenting order that is in force in relation to a child to the extent to which the order deals with whom the child is to live with.
Note: The heading to section 65M is altered by omitting " residence order " and substituting " parenting order that deals with whom a child lives with ".
63 Sections 65N and 65P
Repeal the sections, substitute:
65N General obligations created by parenting order that deals with whom a child spends time with
(1) This section applies to a parenting order that is in force in relation to a child to the extent to which the order deals with whom the child is to spend time with.
(2) A person must not:
(a) hinder or prevent a person and the child from spending time together in accordance with the order; or
(b) interfere with a person and the child benefiting from spending time with each other under the order.
65NA General obligations created by parenting order that deals with whom a child communicates with
(1) This section applies to a parenting order that is in force in relation to a child to the extent to which the order deals with whom the child is to communicate with.
(2) A person must not:
(a) hinder or prevent a person and the child from communicating with each other in accordance with the order; or
(b) interfere with the communication that a person and the child are supposed to have with each other under the order.
65P General obligations created by parenting order that allocates parental responsibility
(1) This section applies to a parenting order that is in force in relation to a child to the extent to which the order allocates parental responsibility for the child to a person (the carer ).
(2) A person must not hinder the carer in, or prevent the carer from, discharging that responsibility.
64 Paragraphs 65Q(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) a parenting order provides that:
(i) a child is to live with a person; or
(ii) a child is to spend time with a person; or
(iii) a child is to communicate with a person; and
(b) a court having jurisdiction under this Part is satisfied, on application by the person referred to in paragraph (1)(a), that there are reasonable grounds for believing that a person (the alleged offender ) has contravened section 65M, 65N or 65NA in relation to the order; and
65 Subsection 65X(1)
Repeal the subsection, substitute:
(1) In this Subdivision:
"parenting order to which this Subdivision applies" means a parenting order to the extent to which it provides, or would provide, that:
(a) a child is to live with a person; or
(b) a child is to spend time with a person; or
(c) a child is to communicate with a person; or
(d) a person is to have parental responsibility for a child.
66 Subsection 65Y(1)
Omit "If a residence order, a contact order or a care order (the Part VII order )", substitute "If a parenting order to which this Subdivision applies".
Note: The heading to section 65Y is altered by omitting " residence order, contact order or care order has " and substituting " certain parenting orders have ".
67 Paragraph 65Y(2)(a)
Omit "Part VII order", substitute "order referred to in subsection (1)".
68 Paragraph 65Y(2)(b)
Omit "Part VII order", substitute "order referred to in subsection (1)".
69 Subsection 65Z(1)
Omit "a residence order, a contact order or a care order", substitute "a parenting order to which this Subdivision applies".
Note: The heading to section 65Z is altered by omitting " residence order, contact order or care order " and substituting " certain parenting orders ".
70 Paragraph 65ZA(1)(a)
Repeal the paragraph, substitute:
(a) a parenting order to which this Subdivision applies is in force; and
Note: The heading to section 65ZA is altered by omitting " residence order, contact order or care order " and substituting " certain parenting orders ".
71 Paragraph 65ZA(1)(b)
Omit "Part VII".
72 Subsections 65ZA(3) and (4)
Omit "Part VII".
73 Paragraph 65ZB(1)(a)
Omit "a residence order, a contact order or a care order", substitute "a parenting order to which this Subdivision applies".
Note: The heading to section 65ZB is altered by omitting " residence order, contact order or care order " and substituting " certain parenting orders ".
74 Paragraphs 67K(1)(a) to (c)
Repeal the paragraphs, substitute:
(a) a person with whom the child is to live under a parenting order; or
(b) a person with whom the child is to spend time under a parenting order; or
(c) a person with whom the child is to communicate under a parenting order; or
(caa) a person who has parental responsibility for the child under a parenting order; or
75 Subparagraphs 67Q(a)(ii) and (iii)
Repeal the subparagraphs, substitute:
(ii) a person with whom the child is to live under a parenting order; or
(iii) a person with whom the child is to spend time under a parenting order; or
(iv) a person with whom the child is to communicate under a parenting order; or
(v) a person who has parental responsibility for the child;
76 Subparagraphs 67Q(d)(ii) to (iv)
Repeal the subparagraphs, substitute:
(ii) a person described in subparagraph (a)(ii), (iii), (iv) or (v); or
(iii) some other person on behalf of a person described in subparagraph (i) or (ii);
77 Paragraphs 67T(a) to (c)
Repeal the paragraphs, substitute:
(a) a person with whom the child is to live under a parenting order; or
(b) a person with whom the child is to spend time under a parenting order; or
(c) a person with whom the child is to communicate under a parenting order; or
(caa) a person who has parental responsibility for the child under a parenting order; or
78 Subparagraphs 68B(1)(b)(ii) and (iii)
Repeal the subparagraphs, substitute:
(ii) a person with whom the child is to live under a parenting order; or
(iii) a person with whom the child is to spend time under a parenting order; or
(iv) a person with whom the child is to communicate under a parenting order; or
(v) a person who has parental responsibility for the child; or
79 Paragraph 69Z(2)(c)
Repeal the paragraph, substitute:
(c) a person who, under a parenting order, has responsibility for the child's long - term or day - to - day care, welfare and development.
80 Paragraph 69ZA(1)(c)
Repeal the paragraph, substitute:
(c) a person who, under a parenting order, has responsibility for the child's long - term or day - to - day care, welfare and development.
81 Subparagraph 69ZH(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) whom the child lives with, whom the child spends time with and other aspects of the care, welfare and development of the child; and
82 Subsection 70J(1)
Omit "a residence order, a contact order or a care order", substitute "a Subdivision C parenting order".
83 Paragraph 70J(1)(a)
Repeal the paragraph, substitute:
(a) each person:
(i) with whom the child is supposed to live; or
(ii) who is to spend time with the child; or
(iii) who is to have contact with the child; or
(iv) who has rights of custody or access in relation to the child;
under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or
84 Subsection 70J(2)
Omit "a residence order, a contact order or a care order" (wherever occurring), substitute "a Subdivision C parenting order".
85 Paragraph 70J(2)(b)
Omit "the residence order, contact order or care order", substitute "the Subdivision C parenting order".
86 Paragraph 70K(b)
Omit "a residence order, a contact order or a care order", substitute "a Subdivision C parenting order".
Note: The heading to section 70K is altered by omitting " residence order, contact order or care order " and substituting " Subdivision C parenting order ".
87 Subsection 70L(1) (paragraph (a) of the definition of Australian child order )
Repeal the paragraph, substitute:
(a) a Subdivision C parenting order; or
88 Subsection 70L(1) (paragraph (a) of the definition of responsible person )
Repeal the paragraph, substitute:
(a) with whom the child is supposed to live under the order; or
(aa) whom the child is supposed to spend time with under the order; or
(ab) whom the child is supposed to have contact with under the order; or
89 Paragraph 70M(1)(a)
Repeal the paragraph, substitute:
(a) a court in Australia makes, in relation to a child who is under 18:
(i) a parenting order, other than a child maintenance order; or
(ii) a State child order; and
90 Paragraph 70M(3)(a)
Repeal the paragraph, substitute:
(a) a person with whom the child is supposed to live under the order; or
(aa) a person with whom the child is supposed to spend time under the order; or
(ab) a person with whom the child is supposed to have contact under the order; or
91 Subsection 70N(1)
Repeal the subsection, substitute:
(1) The regulations may make provision for and in relation to the sending to a prescribed overseas jurisdiction of copies of, and documents relating to:
(a) a parenting order, other than a child maintenance order; or
(b) a State child order;
that relates to a child to whom an overseas child order relates.
92 Paragraphs 79A(1AA)(b) and (c)
Repeal the paragraphs, substitute:
(b) a parenting order provides that:
(i) the child is to live with the person; or
(ii) the person has parental responsibility for the child.
93 Paragraphs 90K(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) a parenting order provides that:
(i) the child is to live with the person; or
(ii) the person has parental responsibility for the child.
94 Subparagraph 91(1)(b)(i)
Repeal the subparagraph, substitute:
(i) a parenting order, other than a child maintenance order; or
95 Paragraphs 92A(2)(ba) and (bb)
Repeal the paragraphs, substitute:
(ba) a person with whom the child is to live under a parenting order;
(bb) a person who has parental responsibility for the child under a parenting order;
96 Paragraph 111B(1A)(c)
Repeal the paragraph, substitute:
(c) relating to a Central Authority within the meaning of the regulations applying on behalf of another person for a parenting order that deals with the person or persons with whom a child is to spend time or communicate if the outcome of the proceedings is that the child is not to be returned under the Convention.
97 Paragraph 111B(4)(b)
Repeal the paragraph, substitute:
(b) subject to any order of a court for the time being in force, a person:
(i) with whom a child is to live under a parenting order; or
(ii) who has parental responsibility for a child under a parenting order;
should be regarded as having rights of custody in respect of the child; and
98 Paragraph 111B(4)(d)
Repeal the paragraph, substitute:
(d) subject to any order of a court for the time being in force, a person:
(i) with whom a child is to spend time under a parenting order; or
(ii) with whom a child is to communicate under a parenting order;
should be regarded as having a right of access to the child.
99 Subsection 111B(4) (note)
Repeal the note, substitute:
Note: The references in paragraphs (b) and (d) to parenting orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).
100 Section 111CW
Repeal the section, substitute:
111CW Court proceedings dealing with whom a child spends time with
(1) A court hearing proceedings under Part VII (Children) or regulations made for the purposes of section 111B dealing with:
(a) whom a child is to spend time with; or
(b) whom a child is to communicate with;
must admit into evidence and consider the findings (if any) of a competent authority of a Convention country on the suitability of a parent as a person for the child to spend time with or communicate with.
(2) The court may adjourn the proceedings pending the outcome of a request by a parent of the child to a competent authority of a Convention country for a finding on the suitability of the parent as a person for the child to spend time with or communicate with.
(3) On the application of a parent who is an Australian resident seeking to have, or to continue to have, a child spend time with or communicate with the parent, a court may:
(a) admit evidence; and
(b) make a finding on the suitability of that parent as a person for the child to spend time with or communicate with; and
(c) specify conditions on which the child is to spend time with or communicate with the person.
101 Paragraph 117A(1)(a)
Repeal the paragraph, substitute:
(a) a court has found, for the purposes of Division 13A of Part VII, that a person has, by taking a child away from another person or by refusing or failing to deliver a child to another person, contravened a parenting order to the extent to which the order provides that:
(i) a child is to live with a person; or
(ii) a child is to spend time with a person; or
(iii) a child is to communicate with a person;
102 Subsection 192(8)
Repeal the subsection, substitute:
(8) In paragraph (7)(b), guardian includes a person who is responsible, under a parenting order (within the meaning of the Family Law Act 1975 ), for the detainee's long - term care, welfare and development.
103 Definitions
In this Part:
commencement means the commencement of this item.
new Act means the Family Law Act 1975 as in force after commencement.
old Act means the Family Law Act 1975 as in force immediately before commencement.
104 Saving of regulations
Despite the repeal of a provision of the old Act specified in the following table, regulations that:
(a) were made for the purposes of that provision of the old Act; and
(b) were in force immediately before commencement;
continue to have effect on and after commencement as if those regulations had been made for the purposes of the corresponding provision of the new Act that is specified in the table in relation to that provision of the old Act:
Saving regulations made under provisions of old Act | ||
Item | Provision of old Act | Corresponding provision of new Act |
1 | definition of overseas child order in section 70F | definition of overseas child order in subsection 4(1) |
2 | subsection 70N(1) | subsection 70N(1) |
3 | paragraph 111B(1A)(c) | paragraph 111B(1A)(c) |