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In forceAmended2020 Revised Edition
Contents

Part 9 · Enforcement of Maintenance Orders

91A. Minister’s power to make regulations for purposes of this Division and sections 77 and 83

Amended

Last amended by an amending law of 2023.

(1)

The Minister may make regulations —

(a)

to prescribe anything that is required or permitted by this Division or section 77 or 83 to be prescribed by regulations made under this section; or

(b)

generally for the purposes of this Division or section 77 or 83.

(2)

Without limiting subsection (1), regulations may —

(a)

provide for the qualifications or experience of persons to be appointed as an MEO;

(b)

prescribe the fees payable to an MEO and the persons by whom the fees are so payable;

(c)

provide for the waiver, refund or remission (whether in whole or in part) of any prescribed fee;

(d)

provide for the conduct of any interview by an MEO under section 86(1)(b) and the convening and conduct of any conciliation session, including by using any remote communication technology; and

(e)

prescribe that any act or omission in contravention of any provision of regulations made under this section shall be an offence punishable with a fine not exceeding $500 or with imprisonment for a term not exceeding 6 months or with both.

(3)

The powers conferred by subsection (1)(b) or (2)(e) do not extend to any matter —

(a)

for which Family Justice Rules may be made under section 179A; or

(b)

for which rules may be made under section 180(1) or (1A).

(4)

Regulations made under subsection (1) —

(a)

must be presented to Parliament as soon as possible after publication in the Gazette; and

(b)

may be revoked (wholly or partly) by a resolution of Parliament.

(5)

A resolution under subsection (4)(b) —

(a)

must specify the date from which the regulations are revoked; and

(b)

may only be passed on a motion for which notice is given on or before the first available sitting day of Parliament after the expiry of one month after the date on which the regulations were presented to Parliament.

(6)

If Parliament passes a resolution under subsection (4)(b) —

(a)

the regulations are revoked with effect from the date specified in the resolution;

(b)

the revocation does not affect the validity of anything done before the specified date; and

(c)

the Minister is not prevented from making new regulations.

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules