Document ID: chunk:federal_register_of_legislation:C2013C00161:clause:1_3
Version: federal_register_of_legislation:C2013C00161
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 6183–7838

3  Rights and liabilities under affected orders
(1) Subject to item 5, the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if each affected order were an order in relation to which the court or Registrar making the order had considered the required matters for the order.
(2) A right or liability conferred, imposed or affected by subitem (1):
 (a) is exercisable or enforceable; and
 (b) is to be regarded as always having been exercisable or enforceable;
as if it were a right or liability conferred, imposed or affected by an order made by the court or Registrar in or in relation to the proceedings for the order.
(3) The rights and liabilities conferred, imposed or affected by subitem (1) include (but are not limited to) the right of a person who was a party to the proceeding or purported proceeding in which the affected order was made to:
 (a) appeal against the order; or
 (b) apply for review in relation to the order;
as if the order were an order made under the Family Law Act 1975.
(4) Without limiting the grounds on which the person may appeal against the order or apply for review in relation to the order, the person may do so on the ground that the court or Registrar that made the order failed to consider the required matters for the order.
(5) To avoid doubt, this item does not affect the application of section 60CA of the Family Law Act 1975 in relation to an affected order.
Note: Section 60CA of the Family Law Act 1975 requires the best interests of the child to be the paramount consideration in a decision whether to make a particular parenting order.