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Family Law Amendment Bill 2005

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2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Family Law Amendment Bill 2005

 

 

(1)     Clause 2, page 2 (at the end of the table), add:

4.  Schedule 1, Part 17

Immediately after the commencement of Schedule 1 to the Bankruptcy and Family Law Legislation Amendment Act 2005 .

 

[alteration of property interests]

(2)     Schedule 1, item 136, page 34 (line 27), omit “to ensure that”, substitute “for”.

[recovery of amounts paid under maintenance orders]

(3)     Schedule 1, item 136, page 34 (line 28) to page 35 (line 4), omit paragraphs (2)(a) and (b), substitute:

                     (a)  if the purported order was of a kind referred to in paragraph 66P(1)(a) or (b)—the repayment to the maintenance provider, by the person to whom the amount or amounts referred to in subparagraph (1)(b)(i) of this section were paid, of an amount up to, or equal to, that amount or the sum of those amounts; or

                     (b)  if the purported order was of the kind referred to in paragraph 66P(1)(c)—the return to the maintenance provider of:

                              (i)  the property referred to in subparagraph (1)(b)(ii) of this section; or

                             (ii)  an amount up to, or equal to, the value of that property.

The court may only order the repayment of an amount that is less than the amount, or the sum of the amounts, referred to in subparagraph (1)(b)(i) of this section, or the return of an amount that is less than the value of the property referred to in subparagraph (1)(b)(ii) of this section, in exceptional circumstances.

[recovery of amounts paid under maintenance orders]

(4)     Schedule 1, item 136, page 35 (after line 23), at the end of section 66X, add:

             (5)  An amount paid to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 is to be taken, for the purposes of this section, to have been paid to the person to whom, apart from that section, the amount would have been payable.

[recovery of amounts paid under maintenance orders]

(5)     Schedule 1, page 37 (after line 18), at the end of the Schedule, add:

Part 17 Alteration of property interests

Family Law Act 1975

139  After subsection 79(10)

Insert:

        (10A)  Subsection (10) does not apply to a creditor of a party to the proceedings:

                     (a)  if the party is a bankrupt—to the extent to which the debt is a provable debt (within the meaning of the Bankruptcy Act 1966 ); or

                     (b)  if the party is a debtor subject to a personal insolvency agreement—to the extent to which the debt is covered by the personal insolvency agreement.

[alteration of property interests]