Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p74
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 74/86)
Character Range: 237603–240296

who has a right to custody of, or of access to, the child under the order.

"(4) The Registrar of the court must comply with a request under subsection (2).

Regulations may deal with sending Australian orders etc. to overseas jurisdiction

"70N. The regulations may make provision for and in relation to the sending to a prescribed overseas jurisdiction of copies of, and documents relating to, a residence order, a contact order or a specific issues order, or a State child order as defined in section 70B, that relates to a child to whom an overseas child order relates.

"Division 14—Miscellaneous

What this Division does

"70P. This Division deals with miscellaneous matters relating to children.

Certain instruments not liable to duty

"70Q.(1) The following instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:

  (a) an instrument executed under, or for the purposes of, an order made under this Part;

    (b) an eligible parenting plan that confers a benefit in relation to a child, to the extent to which it confers the benefit;

    (c) an instrument executed under, or for the purposes of, an eligible parenting plan and that confers a benefit in relation to a child, to the extent to which it confers the benefit.

"(2) An eligible parenting plan is a parenting plan:

  (a) the registration of which under section 63E is in force; and

    (b) that is not a maintenance agreement, or, if it is a maintenance agreement, it relates to a child who is not a child of the marriage to which the maintenance agreement relates; and

  (c) that:

      (i) is made by the parties to a de facto relationship in connection with the breakdown of that relationship; or

       (ii) relates to a child whose parents (being parties to the plan) were neither married to each other, nor living with each other in a de facto relationship, at the time of the child's conception.

"(3) In this section, a reference to an instrument that confers a benefit in relation to a child includes a reference to an instrument that confers an entitlement to property in relation to a child even though the instrument also deprives the child or another person of an entitlement to other property in relation to the child.".

Setting aside of orders altering property interests

  32. Section 79A of the Principal Act is amended:

(a) by omitting from paragraph (l)(d) "welfare" and substituting "care, welfare and development";

    (b) by omitting from paragraph (l)(d) "has the custody of the child" and substituting "has caring responsibility for the child (as defined in subsection (1AA))";