Document ID: chunk:federal_register_of_legislation:C2013C00161:clause:1_2
Version: federal_register_of_legislation:C2013C00161
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 4074–6183

2  Meaning of affected order etc.
(1) An affected order is, subject to subitem (3), an order (including an interim order) in relation to a child:
 (a) that was made or purportedly made by a court or Registrar under section 65D of the Family Law Act 1975:
 (i) on or after the commencement of Schedule 1 to the Family Law Amendment (Shared Parental Responsibility) Act 2006; and
 (ii) before the commencement of this item; and
Note: Schedule 1 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 commenced on 1 July 2006.
 (b) that:
 (i) provides for the child's parents to have equal shared parental responsibility for the child; or
 (ii) was made on the basis that another order provides for the child's parents to have equal shared parental responsibility for the child; and
 (c) in relation to which the court or Registrar did not consider the required matters for the order.
(2) The required matters for the order are:
 (a) if the order was made or purportedly made without the consent of all the parties to the proceedings:
 (i) in any case—whether the child spending equal time with each of the parents was reasonably practicable; and
 (ii) if the order does not provide for the child to spend equal time with each of the parents—whether the child spending substantial and significant time with each of the parents was reasonably practicable; or
 (b) if the order was made or purportedly made with the consent of all the parties to the proceedings:
 (i) in any case—the matters referred to in paragraphs 65DAA(1)(a) to (c) of the Family Law Act 1975; and
 (ii) if the order does not provide for the child to spend equal time with each of the parents—the matters referred to in paragraphs 65DAA(2)(c) to (e) of that Act.
(3) If a court or Registrar has:
 (a) varied, revoked, set aside, revived or suspended an order to which paragraphs (1)(a), (b) and (c) apply; or
 (b) purported to vary, revoke, set aside, revive or suspend such an order;
the affected order is that order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.