Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p59
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 59/86)
Character Range: 200623–203528

the family violence proceedings subject to the following qualifications:

(a) the following provisions do not apply:

       (i) sections 65C, 608K and 69N and subsection 65F(2);

       (ii) any provisions (for example, section 65E) that would otherwise make the best interests of a child the paramount consideration;

       (iii) any other prescribed provisions;

    (b) if the court makes an interim family violence order, or an interim order varying a family violence order, then, in addition to the effect of paragraph (a):

       (i) the court has a discretion whether to apply paragraph 68F(2)(a); and

       (ii) any other prescribed provisions do not apply;

(c) the court may dispense with such Rules of Court as it thinks appropriate.

   Note: Because of subparagraph (3)(a)(ii), the best interests of a child are not the paramount consideration. They must, however, still be taken into account as required by paragraphs (2)(b) and (c).

"(4) The court may (subject to this section) make, revive, vary, discharge or suspend a Division 11 contact order in the family violence proceedings:

(a) on its own initiative; or

(b) on application by any person.

"(5) If, in the family violence proceedings:

   (a) the court makes an interim family violence order, or an interim order varying a family violence order (the 'interim order'); and

(b) the court makes, revives, varies or suspends a Division 11 contact order;

the following provisions apply:

   (c) the Division 11 contact order made, or the revival, variation or suspension of the Division 11 contact order, as the case may be, does not have effect at a time that is after whichever of the following occurs first:

       (i) the interim order stops being in force;

       (ii) the end of the period of 21 days starting when the interim order was made;

   (d) no appeal lies in relation to the making, revival, variation or suspension of the Division 11 contact order.

"(6) The regulations may require a copy of the court's decision to make, revive, vary, discharge or suspend a Division 11 contact order to be registered in accordance with the regulations. Failure to comply with such a requirement of the regulations does not affect the validity of the court's decision.

"Division 12—Proceedings and jurisdiction

"Subdivision A—What this Division does

What this Division does

"69A. This Division deals with:

(a) the institution of proceedings and procedure (Subdivision B); and

(b) jurisdiction of courts (Subdivision C); and

(c) presumptions of parentage (Subdivision D); and

(d) parentage evidence (Subdivision E); and

(e) the places and people to which this Part extends and applies (Subdivision F).

"Subdivision B—Institution of proceedings and procedure

Certain proceedings to be instituted only under this Part

"69B.(1) Proceedings that may be instituted under this Part must not, after the commencement of