SCHEDULE Amendment of primary and secondary legislation

PART 1Amendment of primary legislation

Amendment of the Family Law Act 1986I115

1

The Family Law Act 1986 M1 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), F1for “Council Regulation” substitute “Hague Convention”.

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), F2for “Council Regulation” substitute “Hague Convention”.

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”.