Child Support (Commonwealth Powers) Act 2019

the Child Support (Assessment) Act 1989 (Commonwealth); and

the Child Support (Registration and Collection) Act 1988 (Commonwealth); and

any Commonwealth enactment that —

amends or otherwise affects the operation of the Child Support (Assessment) Act 1989 (Commonwealth) or the Child Support (Registration and Collection) Act 1988 (Commonwealth); and

has not come into operation before commencement day;

The Commonwealth Child Support laws, in the form in which they exist at the end of the day before commencement day, are adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth insofar as they relate to the maintenance of exnuptial children.

Despite subsection (1), the adoption has effect for, and for no longer than, the period —

beginning on commencement day; and

ending on the day fixed under section 6 as the day on which the adoption is to terminate.

The matter of the maintenance of exnuptial children is referred to the Parliament of the Commonwealth.

To avoid doubt, the matter referred includes the matter of amending, or otherwise affecting the operation of, the Commonwealth Child Support laws.

To avoid doubt, the matter referred does not include any matter addressed in the Family Law Act 1975 (Commonwealth) Part VII, including conferring jurisdiction on any of the following courts under that Part —

the Family Court of Australia created under the Family Law Act 1975 (Commonwealth) section 21;

the Federal Circuit Court of Australia continued in existence under the Federal Circuit Court of Australia Act 1999 (Commonwealth) section 8;

the Family Court of Western Australia.

The reference has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth).

Despite any other provision of this section, the reference has effect for, and for no longer than, the period —

beginning on the commencement day; and

ending on the day fixed under section 6 as the day on which the reference under this Act is to terminate.

The Governor may, at any time, by proclamation, fix a day (the termination day) as the day on which the adoption and the reference are to terminate.

The termination day must be no earlier than the first day after the end of the period of 12 months beginning with the day on which the proclamation is published in the Gazette.

The Governor may, by proclamation (a revoking proclamation), revoke a proclamation made under subsection (1).

A revoking proclamation has effect only if published before the termination day.

If a revoking proclamation has effect the revoked proclamation is taken never to have been made for the purposes of sections 4(2) and 5(5).

A revoking proclamation does not prevent the making of a further proclamation under subsection (1).

A proclamation cannot be made under subsection (1) or (3) unless a draft of the proclamation has first been approved by a resolution passed by both Houses of the Parliament of the State.

In section 5(1) delete the definitions of:

In section 5(1) insert in alphabetical order: