Document ID: chunk:federal_register_of_legislation:C2024C00859:section:3
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 3
Character Range: 28558–30761

3  Repeal and saving
 (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed.
 (2) Notwithstanding the repeal effected by subsection (1):
 (a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognised in all courts in Australia;
 (b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and
 (c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory:
 (i) made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or
 (ii) made after the commencement of this Act in proceedings to which subsection 9(1) applied;
  shall have, or continue to have, effect throughout Australia, and, except in the case of:
 (iii) a decree of nullity of marriage made on the ground that the marriage was voidable;
 (iv) a decree of judicial separation;
 (v) a decree of restitution of conjugal rights;
 (vi) a decree of jactitation of marriage; or
 (vii) a separation order;
  this Act applies to and in relation to the decree as if the decree had been made under this Act.
 (3) For the purposes of paragraph (2)(c), a purported decree to which section 5 of the Matrimonial Causes Act 1971 applied made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act.