Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p1
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 0–2794

Family Law Amendment Act 1989

No. 182 of 1989

An Act to amend the Family Law Act 1975 and for related
purposes

[Assented to 28 December 1989]

[Date of commencement 25 January 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Family Law Amendment Act 1989.

(2) In this Act, "Principal Act" means the Family Law Act 19751.

Interpretation

2. Section 4 of the Principal Act is amended by omitting "or of the Australian Capital Territory" from the definition of "Commonwealth instrumentality" in subsection (1).

Conciliation

3. Section 14 of the Principal Act is amended:

(a) by omitting from subsections (1), (2), (2a) and (3) "or magistrate" (wherever occurring);

(b) by adding at the end the following subsection:

"(6) In this section:

'Judge' includes a magistrate, Judicial Registrar or Registrar.".

Interpretation

4. Section 60 of the Principal Act is amended by omitting paragraph (c) of the definition of "child agreement" in subsection (1) and substituting the following paragraph:

"(c) that makes provision in relation to either or both of the following:

(i) child welfare matters in relation to the child;

(ii) the maintenance of the child;

(whether or not it also makes provision in relation to other matters);".

Powers of court in custodial proceedings

5. Section 64 of the Principal Act is amended:

(a) by inserting after subsection (10c) the following subsections:

"(10d) A person shall not prevent or hinder the execution of a warrant issued under this section.

    "(10e) If a court having jurisdiction under this Part is satisfied that a person has intentionally, and without reasonable excuse, contravened subsection (10d), the court may:

       (a) order the person to pay a fine not exceeding $1,000;

       (b) order the person to enter into a recognizance (with or without surety or security) on conditions specified by the court; or

       (c) order the person to be imprisoned until he or she enters into a recognizance (with or without surety or security) on conditions specified by the court, or until the person has been imprisoned for 3 months, whichever happens first.

    "(10f) Where a court makes an order under subsection (10e), the court may make such other orders as the court considers necessary to ensure the person does not again prevent or hinder the execution of the warrant referred to in subsection (10d).";

(b) by omitting subsections (11a) and (11b) and substituting the following subsection:

    "(11a) Where the child in relation to whom a warrant under subsection (9) or (10) has been issued is delivered to the person entitled to custody of, or access to, the child, that