Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Section 3 - Notes on sections and Schedule items
The Bankruptcy and Family Law Legislation Amendment Bill 2005 (the Bill) proposes amendments to the Family Law Act 1975 (Family Law Act) and the Bankruptcy Act 1966 (the Bankruptcy Act). By proposed section 1, when the Bill has been enacted, it will be known as the Bankruptcy and Family Law Legislation Amendment Act 2005.
In accordance with the table in proposed section 2, proposed sections 1 to 3 and anything in the Bill not elsewhere covered in that table will commence on the day which the Bill receives the Royal Assent. Proposed Schedule 1 will commence on a single day to be fixed by proclamation. However, if any of the provisions in Schedule 1 do not commence within the period of 6 months beginning on the day on which the Bill receives the Royal Assent, they commence on the first day after the end of that period. This delay in commencement will allow for such things as Rules of Court to be developed that are necessary for the operation of a number of provisions of this Schedule. Proposed Schedule 2 will commence on the day which the Bill receives the Royal Assent. Proposed Schedules 3, 4 and 5 will commence the 28th day after the day on which the Bill receives the Royal Assent. This is to allow time for relevant stakeholders to become aware of the new provisions prior to their commencement.
Proposed section 3 is a drafting device to allow all the amendments proposed to be made to be set out in Schedules (each dealing with a different subject area). The items in the Schedules will amend the Acts referred to and will have effect according to their terms. Notes on the Schedule items follow.