Regulations
125 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:
providing for and in relation to the service overseas, pursuant to any convention between Australia and another country, of any documents in proceedings under this Act; and
providing for and in relation to the transcription of proceedings under this Act and the making available of copies of transcripts of those proceedings; and
modifying or adapting the provisions of the Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to a court exercising jurisdiction under this Act; and
prescribing requirements for arbitrators; and
the registration of awards made in family law arbitration; and
prescribing, or providing for or in relation to, anything that may be dealt with in Rules of Court made under paragraph 123(1)(sa), (sb), (sc), (sca), (sd), (sda), (sdb), (sdc), (se), (sea) or (seb); and
prescribing, or providing for or in relation to, anything that may be dealt with in Rules of Court made under paragraph 123A(1)(r), (s), (t), (u), (v), (w), (x), (y), (z), (za) or (zb); and
prescribing court fees to be payable in respect of proceedings under this Act; and
exempting persons included in particular classes of persons from liability to pay court fees prescribed under paragraph (c); and
providing for the refund of court fees prescribed under paragraph (c) that have been paid in particular circumstances; and
providing for an officer of a court exercising jurisdiction under this Act, a prescribed authority of the Commonwealth, of a State or of a Territory or the person for the time being holding a prescribed office under a law of the Commonwealth, of a State or of a Territory, in his, her or its discretion, to institute and prosecute proceedings, on behalf of the person entitled to moneys payable under a child maintenance order under Part VII or a maintenance order under Part VIII, for the purpose of enforcing payment of those moneys; and
providing for and in relation to priority as between the execution of orders made under the regulations, or under the repealed Act, for the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment) and the execution of orders made in accordance with the Maintenance Orders (Commonwealth Officers) Act 1966.
Court fees payable in pursuance of regulations made under this section in respect of proceedings in a Family Court of a State are payable to the State.
To the extent of any inconsistency between regulations and Rules of Court, the regulations prevail.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.