Document ID: chunk:federal_register_of_legislation:C2013C00166:clause:1_2:p1
Version: federal_register_of_legislation:C2013C00166
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 6297–8855

2  Rights and liabilities of persons
(1) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if the following matters (the assumed matters) had been the case:
 (a) a Proclamation had been made under subsection 40(2) of the Family Law Act 1975 (as in force before the commencement of this Part), fixing 1 March 2009 as the date on and after which the jurisdiction of the Family Court under paragraph 31(1)(aa) of that Act could be exercised in the following States and Territories:
 (i) New South Wales;
 (ii) Victoria;
 (iii) Queensland;
 (iv) Tasmania;
 (v) the Australian Capital Territory;
 (vi) the Northern Territory;
 (vii) Norfolk Island;
 (b) a Proclamation had been made under subsection 40(2) of the Family Law Act 1975 (as in force before the commencement of this Part), fixing 1 July 2010 as the date on and after which the jurisdiction of the Family Court under paragraph 31(1)(aa) of that Act could be exercised in South Australia;
 (c) each of those Proclamations had been in force at all times from the start of the date fixed by the Proclamation to the end of 10 February 2012.
(2) Without limiting the effect of subitem (1):
 (a) all persons are, by force of this item, declared to be, and always to have been, entitled to act on the basis that other persons had, and have, the rights and liabilities as declared by subitem (1); and
 (b) a right or liability that a person is declared by subitem (1) to have, or to have had:
 (i) is exercisable or enforceable; and
 (ii) is to be regarded as always having been exercisable or enforceable;
  as if the assumed matters had been the case; and
 (c) the rights and liabilities that a person is declared by subitem (1) to have, or to have had, include any right the person would have or have had, if the assumed matters had been the case, to appeal, or to seek review of, an affected order.
(3) Subitem (1) does not apply to liabilities arising from a conviction (or purported conviction), before the commencement of this Part, of a person for an offence that relates to a de facto financial cause.
(4) Subject to subitem (5), an affected order is:
 (a) an order purportedly made, before 11 February 2012, by:
 (i) the Family Court; or
 (ii) the Federal Magistrates Court; or
 (iii) a Registrar;
  in the exercise of jurisdiction under the Family Law Act 1975 in respect of matters referred to in paragraph 31(1)(aa) or subsection 39B(1) of that Act; or
 (b) an award purportedly:
 (i) made in section