Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p60
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 60/86)
Character Range: 203253–206023

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 this section, be instituted otherwise than under this Part.

"(2) Subsection (1) does not apply in relation to the institution of proceedings under the Child Support (Assessment) Act 1989.

Who may institute proceedings

"69C.(1) Sections 65C, 66F, 67F, 67K and 67T and subsection 68T(4) are express provisions dealing with who may institute particular kinds of proceedings in relation to children.

"(2) Any other kind of proceedings under this Act in relation to a child may, unless a contrary intention appears, be instituted by:

(a) either or both of the child's parents; or

(b) the child; or

(c) a grandparent of the child; or

(d) any other person concerned with the care, welfare or development of the child.

Institution of maintenance proceedings by authorised authority or person

"69D.(1) The regulations may make provision with respect to authorising:

(a) a specified authority of the Commonwealth or of a State or Territory; or

   (b) the person from time to time holding or acting in a specified office established under a law of the Commonwealth or of a State or Territory;

to institute and conduct, on behalf of a child, in the authority's or person's discretion, proceedings with respect to the maintenance of the child.

"(2) Proceedings instituted on behalf of a child under regulations covered by subsection (1) are taken, for the purposes of section 69C and the provisions referred to in it, to have been instituted by the child.

Child or parent to be present in Australia etc.

"69E.(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 (as defined in subsection (2)); or

(b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day; or

    (c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or

    (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 this section:

'relevant day', in relation to proceedings, means:

   (a) if the application instituting the proceedings is filed in a court—the day on which the