Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:10_114mh
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 10 cl 114MH
Character Range: 273472–274496

114MH  Meaning of ineffective order

 (1) A reference in this Part to an ineffective order is a reference to a purported order described in subsection (2). This subsection has effect subject to subsection (3) as it affects the meaning of a reference to an ineffective order in the context of a particular case.

 (2) An order that a non‑judicial officer of a court of summary jurisdiction of a State has purported to make is an ineffective order if:
 (a) the officer purported to make the order before the commencement of this Part; and
 (b) the order was made in the exercise, or purported exercise, of the court's federal family jurisdiction.

 (3) If a court, or a non‑judicial officer of a court of summary jurisdiction of a State, has purported to affirm, vary, revoke, set aside, reverse, revive or suspend an ineffective order, a reference in this Part to the ineffective order is a reference to the order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.