Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p31
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 74644–77276

(1) Where a child agreement is registered under section 66zc, a party to the agreement may not institute proceedings under this Part seeking an order under section 64 in relation to child welfare matters dealt with in the agreement.
"(2) A court in which a child agreement is registered under section 66zc may, by order, vary the agreement, in so far as it makes provision in relation to child welfare matters, if it considers the welfare of a child requires the variation.
"(3) Subject to subsection (4), a child agreement registered under section 66zc, in so far as it makes provision in relation to child welfare matters, has effect as if it were an order made under this Part by the court in which the agreement is registered.
"(4) Where a child agreement is registered under section 66zc, a court having jurisdiction under this Part shall not enforce the agreement or shall not enforce the agreement in a particular respect, in so far as the agreement makes provision in relation to child welfare matters, if it considers that to do so would be contrary to the best interests of a child.
"(5) In exercising its powers under this section, a court shall have regard to the provisions of sections 60d and 64.

Setting aside of registered child agreements
"66ze. (1) The court in which a child agreement is registered under section 66zc may set aside the registration of the agreement under that section if, and only if, the court is satisfied:
     (a) that the concurrence of a party was obtained by fraud or undue influence;
     (b) that the parties desire the agreement to be set aside; or
     (c) that the welfare of a child requires the setting aside of the agreement.
"(2) In exercising its power to set aside a child agreement under paragraph (1) (c), the court shall have regard to the provisions of sections 60d and 64.

"Division 11—State, Territory and overseas custody orders".

Registration of State and Territory custody orders
29. Section 67 of the Principal Act is amended:
     (a) by omitting subsection (1) and substituting the following subsections:

    "(1) In this section, 'custody order' means an order for custody of, or access to, a child who has not attained 18 years of age made under the law of a State or Territory.
    "(1a) The Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of custody orders made under a law of a prescribed State or a Territory."; and
(b) by omitting from subsection (3) "Act" and substituting "Part".

Overseas custody orders
30. Section 68 of the Principal Act is amended by omitting from subsections