SCHEDULE Amendment of primary and secondary legislation
PART 1Amendment of primary legislation
Amendment of the Family Law Act 198615
1
The Family Law Act 198616 is amended as follows.
2
In section 2 (jurisdiction: general)—
a
in subsections (1)(a), (2C)(a) and (3)(a), omit “the Council Regulation or”;
b
in subsections (1)(b), (2C)(b) and (3)(b), for the words from “neither” to “applies” substitute “the Hague Convention does not apply”.
3
In section 5 (power of court to refuse application or stay proceedings)—
a
in subsection (2)—
i
at the end of paragraph (b) insert “or”;
ii
omit paragraph (c) and the “or” following it;
iii
in the words after subsection (d), omit “Article 15 of the Council Regulation or”;
b
omit subsection (3A);
c
in subsection (3B)—
i
omit “or (3A)”;
ii
omit “, (3A)”;
d
in subsection (4), omit “so far as it relates to proceedings not governed by the Council Regulation”.
4
In section 19 (jurisdiction: general)—
a
in subsections (1)(a) and (3)(a), omit “the Council Regulation or”;
b
in subsections (1)(b) and (3)(b), for the words from “neither” to “applies” substitute “the Hague Convention does not apply”.
5
In section 22 (power of court to refuse application or stay proceedings)—
a
in subsection (2)—
i
at the end of paragraph (b) insert “or”;
ii
omit paragraph (c);
iii
in the words after subsection (d), omit “Article 15 of the Council Regulation or”;
b
omit subsection (3A);
c
in subsection (4), omit “so far as it relates to proceedings not governed by the Council Regulation”.
6
In section 42 (general interpretation of Part I), in subsection (1), omit the definition of “the Council Regulation”.
7
In section 45—
a
in subsection (1), omit “subsection (2) of this section and to”;
b
omit subsection (2).
8
In section 54, in subsection (1), omit the definition of “the Council Regulation”.