Family Law Act 1975

Sections and provisions with full text and the judgments that cite each one.

Section 111CN — If a court is asked to assume jurisdiction

(1) A court may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by, or at the invitation of, a competent…

Section 111CO — Limitation if a competent authority of a Convention country is asked to assume jurisdiction

(1) The court may order, or invite the parties to proceedings before the court to ask the Commonwealth central authority, in a way the Commonwealth central authority considers appropriate, to request…

Section 111CP — When a certain Commonwealth property protection measure lapses

(1) A Commonwealth property protection measure relating to a child that is taken by a court exercising jurisdiction in accordance with subparagraph 111CK(1)(b)(i) or (ii) lapses if: (a) a foreign…

Section 111CQ — Meaning of law

In this Subdivision: law does not include choice of law rules.

Section 111CR — Applicable law generally

(1) This section applies to a court exercising jurisdiction in accordance with Subdivision B or C. (2) The court must apply the law of Australia in exercising that jurisdiction. (3) However, the…

Section 111CS — Applicable law concerning parental responsibility

(1) The principles set out in this section apply despite anything in this Act. (2) The circumstances in which parental responsibility for a child is attributed to a person, or extinguished, by…

Section 111CT — Effect of registered foreign measures

(1) This section applies to a foreign measure that is registered in a court in accordance with regulations made for the purposes of section 111CZ. (2) The foreign measure: (a) has the same force and…

Section 111CU — Obligation to obtain consent to place child

(1) A court must obtain the consent of a competent authority of a Convention country before placing a child in a foster family, or in institutional care, in the Convention country. (2) Before placing…

Section 111CV — Obligation to inform competent authority about serious danger to a child

(1A) This section covers: (a) a court; and (b) the Chief Executive Officer; and (ba) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and (bb) a…

Section 111CW — Court proceedings dealing with whom a child spends time with

(1) A court hearing proceedings under Part VII (Children) or regulations made for the purposes of section 111B dealing with: (a) whom a child is to spend time with; or (b) whom a child is to…

Section 111CX — Jurisdiction for a location order or a Commonwealth information order

A court may make a location order under section 67M or a Commonwealth information order under section 67N for the purposes of the Child Protection Convention.

Section 111CY — Giving information to central authorities and competent authorities in Convention countries

(1) This section applies to: (a) a court; and (b) the Commonwealth central authority; and (c) central authorities of Australia appointed as mentioned in Article 29, paragraph 2, of the Child…

Section 111CZ — Regulations to implement the Convention

(1) The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the…

Section 112A — Interpretation

In this Part, marriage includes a void marriage.

Section 112AA — Interpretation

In this Part: applied provisions, in relation to a sentence passed or an order made pursuant to paragraph 112AD(2)(b), means the provisions of the laws of a State or Territory, as modified by…

Section 112AB — Meaning of contravene an order

(1) A person shall be taken for the purposes of this Part to have contravened an order under this Act if, and only if: (a) where the person is bound by the order—he or she has: (i) intentionally…

Section 112AC — Meaning of reasonable excuse for contravening an order

(1) The circumstances in which a person may be taken to have had, for the purposes of this Part, a reasonable excuse for contravening an order under this Act include, but are not limited to, the…

Section 112AD — Sanctions for failure to comply with orders

(1) If a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, the court may make an order for the imposing, in…

Section 112AE — Sentences of imprisonment

(1) A sentence of imprisonment imposed on a person pursuant to paragraph 112AD(2)(d) shall be expressed to be: (a) for a specified period of 12 months or less; or (b) for a period ending when the…

Section 112AF — Bonds

(1) This section provides for bonds that a court may require a person to enter into under paragraph 112AD(2)(a). (2) A bond is to be for a specified period of up to 2 years. (3) A bond may be: (a)…

Section 112AG — Additional sentencing alternatives

(1) Subject to this section, where: (a) under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to impose a sentence by…

Section 112AH — Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b)

(1) This section applies where a court has, pursuant to paragraph 112AD(2)(b): (a) imposed a sentence on a person; or (b) made an order directed to a person. (2) If the court (whether or not…

Section 112AK — Variation and discharge of orders

(1) Subject to this section, an order made under section 112AD may be varied or discharged by the court that made the order or the Federal Circuit and Family Court of Australia. (2) A variation of an…

Section 112AM — Relationship between Division and other laws

(1) This section applies where an act or omission by a person: (a) constitutes a contravention of an order under this Act; and (b) is also an offence against any law. (2) If the person is prosecuted…

Section 112AN — Arrangements with States and Territories for carrying out of sentences and orders

(1) The Governor-General may make arrangements with the relevant authority of a State or a Territory (other than Norfolk Island) for: (a) the exercise of powers, and the performance of functions, by…

Section 112AO — Division does not limit operation of section 105

Nothing in this Division is intended to limit the operation of section 105.

Section 112AP — Contempt

(1) Subject to subsection (1A), this section applies to a contempt of a court that: (a) does not constitute a contravention of an order under this Act; or (b) constitutes a contravention of an order…

Section 113 — Proceedings for declarations

In proceedings of the kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4(1), the court may make such declaration as is justified.

Section 114 — Injunctions

(1) In proceedings of the kind referred to in paragraph (e) of the definition of matrimonial cause in subsection 4(1), the court may make such order or grant such injunction as it considers proper…

Section 114A — Interpretation

In this Part, unless the contrary intention appears: Director means the Director of the Institute. Institute means the Australian Institute of Family Studies established by this Part.

Section 114AA — Powers of arrest

(1) Where: (a) an injunction is in force under section 114 for the personal protection of a person; and (b) a police officer believes, on reasonable grounds, that the person against whom the…

Section 114LA — Resignation

(1) The Director may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is…

Section 114UA — Definitions

In this Part: costs order means an order made under subsection 114UB(2).

Section 114AB — Operation of State and Territory laws

(1) Sections 68B, 68C, 114 and 114AA are not intended to exclude or limit the operation of a prescribed law of a State or Territory that is capable of operating concurrently with those sections. (2)…

Section 114B — Establishment of Institute

(1) There is established by this Part an Institute by the name of the Australian Institute of Family Studies. (1A) There is to be a Director of the Institute. (1B) The Institute consists of: (a) the…

Section 114LB — Termination of appointment

(1) The Minister may terminate the appointment of the Director for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of the Director if: (a) the Director:…

Section 114UB — Costs orders—general

(1) Subject to subsection (2) of this section, subsection 102QAB(6) and sections 114UD and 114UE, each party to proceedings under this Act is to bear the party’s own costs. (2) If, in proceedings…

Section 114C — Minister may give directions to Director

(1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Director as to the performance of his or her functions. (2) Directions given by the Minister under…

Section 114UC — Costs of independent children’s lawyer and limitations on costs relating to intervening officer or litigation guardian etc.

(1) In proceedings in which an independent children’s lawyer for a child has been appointed, the court may make a costs order, whether by way of interlocutory order or otherwise, to the effect that…