Document ID: chunk:federal_register_of_legislation:C2013C00161:clause:1_6:p1
Version: federal_register_of_legislation:C2013C00161
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 9838–12400

6  Powers in relation to declared rights and liabilities
(1) A court or Registrar may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by item 3 (an item 3 right or liability) as if it were a right or liability conferred, imposed or affected by an order that was made under section 65D of the Family Law Act 1975.
(2) In addition to the powers of a court or Registrar under subitem (1), the court or Registrar also has power to make an order achieving any other result that could have been achieved if:
 (a) the affected order had been an order that was made under section 65D of the Family Law Act 1975; and
 (b) the court or Registrar had been considering whether:
 (i) to vary, revoke, set aside, revive or suspend that order; or
 (ii) to extend the time for the doing of anything in relation to the proceedings for that order; or
 (iii) to grant a stay of proceedings for that order.
(3) This item has effect, in relation to varying, revoking, setting aside, reviving or suspending an item 3 right or liability, subject to the same conditions and limitations as apply under the Family Law Act 1975 in relation to varying, revoking, setting aside, reviving or suspending an order that was made under section 65D of the Family Law Act 1975.
(4) Despite subitem (3), if the affected order was made without the consent of the parties, the court or Registrar does not need to be satisfied, before varying, revoking, setting aside, reviving or suspending an item 3 right or liability, that there are circumstances justifying reconsideration of how the best interests of the child should be best served.
(5) Any of the following:
 (a) an order under this item by the Supreme Court of the Northern Territory, or the Family Court of Western Australia;
 (b) a decree or decision of a Judge of the Supreme Court of the Northern Territory, or the Family Court of Western Australia, rejecting an application that he or she disqualify himself or herself from further hearing a matter arising under subitem (1);
is taken, for the purposes of section 94 of the Family Law Act 1975, to be a decree of that court, or a decree or decision of that Judge, exercising original or appellate jurisdiction under that Act.
(6) Any of the following:
 (a) an order under this item by the Federal Magistrates Court;
 (b) a decree or decision of a Federal Magistrate rejecting an application that he or she disqualify himself or herself from further hearing a matter arising under subitem (1);
 (c) an order under this item by the Magistrates