Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p80
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 80/86)
Character Range: 252602–255638

it were an engagement under subsection 114M(3) of the Principal Act as in force after that commencement.

Family Law Council

53. Section 115 of the Principal Act is amended by omitting from subsection (2) "marriage counselling organizations" and substituting "organizations that provide family and child counselling".

Costs

54. Section 117 of the Principal Act is amended by omitting subsections (3) and (4).

Reparation for certain losses and expenses relating to children

55. Section 117A of the Principal Act is amended:

   (a) by omitting from paragraphs (1)(a) and (1)(c) "removing a child from the possession of" and substituting "taking a child away from";

   (b) by omitting subparagraphs (1)(a)(i) and (ii) and substituting the following subparagraphs:

"(i) a residence order; or

(ii) a contact order;";

   (c) by omitting from paragraph (1)(b) "70A" and substituting "65Y or 65Z";

   (d) by omitting from paragraph (1)(d) "removed a child from the possession of" and substituting "taken a child away from";

   (e) by omitting from paragraph (1)(e) "restoring the child to the possession of the person entitled to that possession" and substituting "recovering the child and returning the child to a person";

   (f) by omitting from paragraph (1)(f) "restoring the child to the possession of the person entitled to that possession" and substituting "recovering the child and, if applicable, returning the child to a person".

Offers of settlement

56. Section 117C of the Principal Act is amended by omitting "5, 11, 12 or 13" (wherever occurring) and substituting "6, 9 or 13".

Rules of Court

57. Section 123 of the Principal Act is amended:

  (a) by omitting from paragraph (1)(j) "court counsellor" and substituting "family and child counsellor";

    (b) by omitting from subparagraphs (1)(s)(i) and (ii) "court counsellors" and substituting "family and child counsellors";

    (c) by omitting from paragraph (1)(sa), subparagraph (1)(sd)(ii) and paragraph (1)(se) "approved mediators" and substituting "court mediators";

    (d) by omitting from subparagraph (1)(sd)(i) "an approved mediator" and substituting "a court mediator".

Regulations

58. Section 125 of the Principal Act is amended:

    (a) by omitting from paragraph (1)(ba) "mediators and arbitrators" and substituting "persons as court mediators and approved arbitrators";

    (b) by omitting from paragraph (1)(f) "maintenance order under Part VII or VIII" and substituting "child maintenance order under Part VII or a maintenance order under Part VIII".

Transitional matters

59.(1) Transitional matters relating to the repeal and re-making of Part II of the Principal Act, and the amendments of Parts III and IIIA of the Principal Act, are dealt with in Schedule 1.

(2) Transitional matters relating to the repeal and re-making of Part VII of the Principal Act are dealt with in Schedule 2.

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                         SCHEDULE 1 Subsection 59(1)

TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF PART II OF