Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p69
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 69/86)
Character Range: 225518–228225

this subsection, Divisions 2 to 7 (inclusive) (other than Subdivisions C, D and E of Division 6 and sections 66D, 66M and 66N), Subdivisions C and E of Division 8, Divisions 9,10 and 11 and Subdivisions B and C of Division 12 (other than section 69D) have the effect, subject to subsection (3), that they would have if:

  (a) each reference to a child were, by express provision, confined to a child of a marriage; and

    (b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage.

"(3) The provisions mentioned in subsection (2) only have effect as mentioned in that subsection so far as they make provision with respect to the parental responsibility of the parties to a marriage for a child of the marriage, including (but not being limited to):

  (a) the duties, powers, responsibilities and authority of those parties in relation to:

  (i) the maintenance of the child and the payment of expenses in relation to the child; or

       (ii) the residence of the child, contact between the child and other persons and other aspects of the care, welfare and development of the child; and

  (b) other aspects of duties, powers, responsibilities and authority in relation to the child:

  (i) arising out of the marital relationship; or

       (ii) in relation to concurrent, pending or completed proceedings between those parties for principal relief; or

       (iii) in relation to a dissolution or annulment of that marriage, or a legal separation of the parties to the marriage, that is effected in accordance with the law of an overseas jurisdiction and that is recognised as valid in Australia under section 104.

"(4) By virtue of this subsection, Division 1, Subdivisions C, D and E of Division 6, section 69D, Subdivisions D and E of Division 12 and Divisions 13 and 14 and this Subdivision, have effect according to their tenor.

Additional jurisdiction of courts

"69ZJ. In addition to the jurisdiction that, apart from this section, is invested in or conferred on a court under this Part, the court is invested with jurisdiction or jurisdiction is conferred on the court, as the case requires, in matters between residents of different States, being matters with respect to:

  (a) the maintenance of children and the payment of expenses in relation to children or child bearing; or

  (b) parental responsibility in relation to children.

Child welfare laws not affected

"69ZK.(1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the care (however described) of a person under a child welfare law unless:

  (a) the order