Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p32
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 32/86)
Character Range: 134306–137111

children leaving Australia not affected

"65ZD. Nothing in this Subdivision prevents or restricts the operation of any law of a State or Territory under which:

   (a) action may be taken to prevent a child from leaving Australia or being taken or sent outside Australia; or

(b) a person may be punished in respect of the taking or sending of a child outside Australia.

"Division 7—Child maintenance orders

"Subdivision A—What this Division does

What this Division does

"66A. This Division:

   (a) contains statements of objects and principles relevant to the making of child maintenance orders (Subdivision B); and

   (b) deals with the relationship between this Division and the Child Support (Assessment) Act 1989 (Subdivision C); and

(c) deals with applying for and making child maintenance orders (Subdivision D); and

   (d) deals with other aspects of courts' powers in relation to child maintenance orders (Subdivision E); and

(e) deals with when child maintenance orders stop being in force (Subdivision F).

"Subdivision B—Objects and principles

Objects

"66B.(1) The principal object of this Division is to ensure that children receive a proper level of financial support from their parents.

"(2) Particular objects of this Division include ensuring:

   (a) that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both of their parents; and

(b) that parents share equitably in the support of their children.

Principles—parents have primary duty to maintain

"66C.(1) The parents of a child have, subject to this Division, the primary duty to maintain the child.

"(2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child:

   (a) is not of lower priority than the duty of the parent to maintain any other child or another person; and

   (b) has priority over all commitments of the parent other than commitments necessary to enable the parent to support:

       (i) himself or herself; or

       (ii) any other child or another person that the parent has a duty to maintain; and

(b) is not affected by:

       (i) the duty of any other person to maintain the child; or

       (ii) any entitlement of the child or another person to an income tested pension, allowance or benefit.

Principles—when step-parents have a duty to maintain

"66D.(1) The step-parent of a child has, subject to this Division, the duty of maintaining a child if, and only if, a court, by order under section 66M, determines that it is proper for the step-parent to have that duty.

"(2) Any duty of a step-parent to maintain a step-child:

(a) is a secondary duty subject to the primary duty of the parents of the child to maintain the child; and

(b) does not derogate