Family Law Act - Australia

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assaulted by another member of the child’s family; or (d) cleaning up a site after a member of the child’s family has intentionally damaged property of another member of the child’s family; or (e) being present when police or ambulance officers attend an incident involving the assault of a member of the child’s family by another member of the child’s family.

      4A Third party proceedings to set aside financial agreement (1) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a financial agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); and (b) any of the following: (i) a creditor; (ii) if a creditor is an individual who has died — the legal personal representative of the creditor; (iii) a government body acting in the interests of a creditor; being proceedings for the setting aside of the financial agreement on the ground specified in paragraph 90K(1)(aa).

      (1A) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a financial agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); and (b) either: (i) another person who is a party to a de facto relationship with one of the spouse parties to the financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the financial agreement on the ground specified in paragraph 90K(1)(ab).

      (2) In this section: creditor means: (a) a creditor of a party to the financial agreement; or (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of a party to the financial agreement. government body means: (a) the Commonwealth, a State or a Territory; or (b) an official or authority of the Commonwealth, a State or a Territory.

      4B Third party proceedings to set aside Part VIIIAB financial agreement (1) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); and (b) any of the following: (i) a creditor; (ii) if a creditor is an individual who has died — the legal personal representative of the creditor; (iii) a government body acting in the interests of a creditor; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(b).

      (2) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); and (b) either: (i) another person who is a party to a de facto relationship with one of the spouse parties to the Part VIIIAB financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(c).

      (3) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between: (a) any combination of: (i) the parties to a Part VIIIAB financial agreement; and (ii) the legal personal representatives of any of those parties who have died; (including a combination consisting solely of parties or consisting solely of representatives); and (b) either: (i) another person who is a party to a marriage with one of the spouse parties to the Part VIIIAB financial agreement; or (ii) the legal personal representative of that other person if that person has died; being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(d).

      (4) In this section: creditor means: (a) a creditor of a party to the Part VIIIAB financial agreement; or (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of a party to the Part VIIIAB financial agreement. government body means: (a) the Commonwealth, a State or a Territory; or (b) an official or authority of the Commonwealth, a State or a Territory.

      4C Meaning of proceeds of crime authority Scope (1) This section sets out the meaning of proceeds of crime authority in relation to: (a) a restraining order or a forfeiture order, or an application for a forfeiture order, under the Proceeds of Crime Act 2002 (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such an order or application); and (b) a freezing order under the Proceeds of Crime Act 2002 (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such a freezing order); and (c) a proceeds of crime order, or an application for a forfeiture order, under a State or Territory proceeds of crime law (or any proceedings, orders, powers, functions or duties under this Act related to, or arising out of, such an order or application).

      Note: Freezing orders, restraining orders and forfeiture orders made under the Proceeds of Crime Act 2002 or a State or Territory proceeds of crime law are proceeds of crime orders (see subsection 4(1)).

      Commonwealth proceeds of crime authorities (2) For the purposes of paragraph (1)(a), proceeds of crime authority means the responsible authority for the relevant restraining order, forfeiture order or forfeiture application under the Proceeds of Crime Act 2002.

      Note: Under that Act, the responsible authority is the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definitions of responsible authority and proceeds of crime authority in section 338 of that Act). Responsibility can be transferred between these authorities (see section 315B of that Act).

      (3) For the purposes of paragraph (1)(b), proceeds of crime authority means: (a) the Commissioner of the Australian Federal Police; or (b) the Director of Public Prosecutions.

      State or Territory proceeds of crime authorities (4) For the purposes of paragraph (1)(c), in relation to a provision of this Act, proceeds of crime authority means a person or body prescribed by the regulations to be the proceeds of crime authority for that provision in relation to: (a) a class of proceeds of crime order, under the relevant State or Territory proceeds of crime law, prescribed by the regulations, that includes the relevant proceeds of crime order; or (b) a class of forfeiture application, under the relevant State or Territory proceeds of crime law, prescribed by the regulations, that includes the relevant forfeiture application.

      Note: The regulations may prescribe a proceeds of crime authority in relation to a proceeds of crime order under a State or Territory proceeds of crime law by reference to any matter, including (for example) by reference to who applied for the order.

      5 Debtor subject to a personal insolvency agreement For the purposes of this Act, if: (a) a person who is a debtor (within the meaning of Part X of the Bankruptcy Act 1966) executes a personal insolvency agreement; and (b) the agreement has not ended (within the meaning of the Bankruptcy Act 1966); the person is a debtor subject to the personal insolvency agreement.

      6 Polygamous marriages For the purpose of proceedings under this Act, a union in the nature of a marriage which is, or has at any time been, polygamous, being a union entered into in a place outside Australia, shall be deemed to be a marriage.

      7 Extension of Act to certain Territories This Act extends to the following Territories: (a) Norfolk Island; (b) the

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