Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:39bb
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 39BB
Character Range: 117070–118897

39BB  Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories
 (1) For subsection 40(1) of the Act, from 1 September 2021 the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 in the following States and Territories:
 (a) New South Wales;
 (b) Victoria;
 (c) Queensland;
 (d) Western Australia;
 (e) South Australia;
 (f) Tasmania;
 (g) Australian Capital Territory;
 (h) Northern Territory;
 (i) Norfolk Island;
 (j) Territory of Christmas Island;
 (k) Territory of Cocos (Keeling) Islands.
 (2) For the purposes of subsection 40(1) of the Act, from 1 September 2021, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:
 (a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;
 (b) matters arising under the Act in respect of which de facto financial causes are instituted under the Act;
 (c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;
 (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the Act or any other Act;
 (e) proceedings under the following provisions of the Act:
 (i) subsection 39(5);
 (ii) paragraph 39B(1)(a).