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Family Law Amendment Bill 2005

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2004-2005

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

____________________

 

FAMILY LAW AMENDMENT BILL 2005

____________________

 

SCHEDULE OF THE  AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES

 

(1)     Schedule 1, item 136, page 34 (lines 25 to 27), omit “may make such order that it considers just and equitable in the circumstances, including”, substitute “must make such order as it considers just and equitable in the circumstances, for”.

[recovery of amounts paid under maintenance orders]

(2)     Schedule 1, item 136, page 34 (line 28) to page 35 (line 6), omit paragraphs 66X(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.

 

 

 

 

 

 

 

                                                                                              I C HARRIS

                                                                      Clerk of the House of Representatives

 

 

House of Representatives

23 June 2005