Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p4
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 7312–10123

court;

    (b) to a person to whom the warrant referred to in paragraph (1) (a) or (4) (a) is addressed; or

    (c) with leave of the court, to another person.

    "(11) In this section:

    'appropriate authority', in relation to a Commonwealth instrumentality, means a person who holds an office or position in, or in relation to, the instrumentality;

    'Commonwealth body' means a Department or a Commonwealth instrumentality;

    'Department' means a Department of State of the Commonwealth;

    'Registrar' means:

        (a) in relation to the Family Court, or the Family Court of Western Australia—the Registrar, or a Deputy Registrar, of that court; and

        (b) in relation to any other court—the principal officer of that court.".

Child welfare provisions of registered child agreements

7. Section 66zd of the Principal Act is amended:

    (a) by inserting in subsection (1) "that makes provision in relation to child welfare matters" after "child agreement";

    (b) by omitting from subsection (1) "child welfare matters dealt with in the agreement" and substituting "those matters".

8. After section 66zd of the Principal Act the following section is inserted:

Child maintenance provisions of registered child agreements—where not enforceable as maintenance agreements

"66zda. (1) This section applies where:

    (a) a child agreement is registered under section 66zc;

    (b) the agreement makes provision relating to the maintenance of the child; and

    (c) the agreement is not a maintenance agreement or, if it is a maintenance agreement, the child is not a child of the relevant marriage.

"(2) Section 66n applies in relation to the variation of the child agreement, in so far as the agreement makes provision in relation to the maintenance of the child, as if the agreement were an order made by consent under this Part by the court in which the agreement is registered.

"(3) Unless the agreement otherwise provides, the provisions of the agreement relating to the maintenance of the child (other than any provisions providing for the payment by way of maintenance of a periodic sum) continue to operate in spite of the death of a party to the agreement and operate in favour of, and are binding on, the legal personal representative of that party.

"(4) If the agreement so provides, any provision of the agreement relating to the maintenance of the child that provides for the payment by way of maintenance of a periodic sum continues to operate in spite of the death of any party to the agreement who is liable to make payments pursuant to that provision and is binding on the legal personal representative of that party but, in spite of any provision of the agreement, does not continue to operate after the death of the person who is entitled to receive those