Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p39
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 94388–97046

adding at the end the following subsections:
"(3) For the purposes of this section, a child (including an ex-nuptial child of either the husband or the wife, a child adopted by either of them

or a child who is not a child of either of them) is a child of the marriage if the child was treated by the husband and wife as a child of their family at the relevant time.
"(4) For the purposes of subsection (3), the relevant time is the time immediately before the time when the husband and wife separated or, if they have separated on more than one occasion, the time immediately before the time when they last separated before the institution of the proceedings for dissolution of the marriage.".

Repeal of sections 99 and 99a
53. Sections 99 and 99a of the Principal Act are repealed.

54. Section 102 of the Principal Act is repealed and the following section is substituted:

Proof of birth, parentage, death or marriage
"102. In proceedings under this Act, the court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of:
     (a) a certificate, entry or record of a birth, death or marriage alleged to have taken place, whether in Australia or elsewhere; or
     (b) an entry in a register of parentage information kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction.".

Persons not to be imprisoned for failure to comply with certain orders
55. Section 107 is amended by omitting subsections (1) and (2) and substituting the following sub-section:
"(1) A person shall not be imprisoned or otherwise placed in custody by reason of a contravention of an order for the payment of money made:
     (a) in a matrimonial cause; or
     (b) in proceedings under Part VII.".

Inter-State enforcement of child bearing expenses orders
56. Section 109 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:
"(1) This section applies to the following orders made under the law of a State or Territory:
     (a) orders of a kind that may be made under section 66z;
     (b) orders for the payment of an amount in relation to the maintenance of a child.".

Overseas enforcement of maintenance orders etc.
57. Section 110 of the Principal Act is amended:
     (a) by omitting from paragraphs (b) and (c) of the definition of "maintenance order" in subsection (1) "of a marriage";
     (b) by omitting from paragraph (d) of the definition of "maintenance order" in subsection (1) "of the marriage"; and
     (c) by omitting from paragraph (e) of the definition of "maintenance order" in subsection (1) "the