Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p61
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 61/86)
Character Range: 205764–208654

of private international law, for the court to exercise jurisdiction in the proceedings.

"(2) In this section:

'relevant day', in relation to proceedings, means:

   (a) if the application instituting the proceedings is filed in a court—the day on which the application is filed; or

(b) in any other case—the day on which the application instituting the proceedings is made.

Applicant may be in contempt

"69F. A court may proceed with the hearing of proceedings in relation to a child even though the person who instituted the proceedings has failed to comply with an order of the court or of another court having jurisdiction under this Act.

"Subdivision C—Jurisdiction of courts

Interpretation

"69G. In this Subdivision:

'matters arising under this Part' includes proceedings under Division 9 or section 68S.

Jurisdiction of Family Court, State Family Courts and Northern Territory Supreme Court

"69H.(1) Jurisdiction is conferred on the Family Court in relation to matters arising under this Part.

"(2) Each Family Court of a State is invested with federal jurisdiction in relation to matters arising under this Part.

"(3) Subject to section 69K, jurisdiction is conferred on the Supreme Court of the Northern Territory in relation to matters arising under this Part.

Jurisdiction of courts of summary jurisdiction

"69J.(1) Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave under section 60G).

"(2) Subject to subsection (5) and section 69K, jurisdiction is conferred on each court of summary jurisdiction of each Territory in relation to matters arising under this Part (other than proceedings for leave under section 60G).

"(3) The Governor-General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.

"(4) Without limiting the generality of subsection (3), a Proclamation under that subsection may be expressed to apply only in relation to:

(a) proceedings of specified classes; or

   (b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.

"(5) A court of summary jurisdiction must not hear and determine proceedings under this Part otherwise than in accordance with any Proclamation in force under subsection (3).

"(6) The Governor-General may, by Proclamation, declare that a Proclamation under subsection (3) is revoked on and from a specified day.

"(7) If, under subsection (6), the Governor-General declares that a Proclamation under subsection (3) is revoked:

   (a) this Part (including subsection (3)) has effect as if the revoked