Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p14
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 33933–36658

to the proceedings is, on the day of the institution of the proceedings or the day of the transfer of the proceedings to that court, ordinarily resident in the Territory.
"(8) The jurisdiction conferred on or invested in a court by this section includes jurisdiction in relation to matters arising under any law of the Commonwealth in relation to which proceedings are transferred to that court under this Act.

"(9) The jurisdiction conferred on or invested in a court by this section is in addition to any jurisdiction conferred on or invested in the court apart from this section.

Certain proceedings to be instituted only under Part
"63a. Proceedings that may be instituted under this Part shall not, after the commencement of this section, be instituted otherwise than under this Part.

Child to be present in Australia etc.
"63b. (1) Proceedings may be instituted under this Act in relation to a child only if:
     (a) the child is present in Australia on the relevant day;
     (b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day;
     (c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day;
     (d) a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
     (e) it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings.
"(2) In subsection (1), '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.

Persons who may institute proceedings under Act
"63c. (1) Proceedings under this Act in relation to a child may be instituted by:
     (a) either or both of the parents;
     (b) the child; or
     (c) any other person who has an interest in the welfare of the child.
"(2) Proceedings under Division 9 in relation to the mother of a child may be instituted by the mother.

Transfer of proceedings from courts of summary jurisdiction in certain cases
"63d. (1) Where:
     (a) proceedings in relation to the custody or guardianship of, or access to, a child are instituted in a court of summary jurisdiction; and

     (b) the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application;
the court shall, before proceeding to hear