Page 431 - Week 02 - Tuesday, 14 February 2017

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Schedules of amendments

Schedule 1

Statute Law Amendment Bill 2016

Amendment moved by the Attorney-General

1

Schedule 3

Proposed new part 3.2A

Page 18, line 6—

insert

Part 3.2A  Adoption Act 1993 

[3.3A] Section 39L (10), new definitions of  adoption order and repealed law

insert

adoption order includes an order for the adoption of a person made under a repealed law.

repealed law means any of the following Acts or an Ordinance repealed by any of the following Acts:

(a) Adoption of Children Act 1965;

(b) Adoption of Children Act 1974;

(c) Adoption of Children (Amendment) Act 1979;

(d) Adoption of Children (Amendment) Act 1983;

(e) Adoption of Children (Amendment) Act 1988;

(f) Adoption of Children (Amendment) Act 1991.

Explanatory note

The Statute Law Amendment Act 2008, schedule 3, section 3.1 (the 2008 amendment) amended the Act, definition of adoption order to remove references to adoption orders made under laws that had been repealed. The explanatory note for the 2008 amendment stated that it was made as a consequence of the omission of redundant references to repealed laws made by other amendments in schedule 3, part 3.1.

An unintended consequence of the 2008 amendment was that references to ‘adoption order’ in then section 26 (the equivalent provision to current section 39L) no longer included references to adoption orders made under repealed laws. Section 39L gives the court power to make an order discharging an adoption order in certain circumstances. Because of the 2008 amendment, the court no longer has power to discharge an adoption order made under a repealed law. It is clear from the explanatory notes for the 2008 amendment that it was intended to be only technical in nature and not to change the substantive effect of the law.

This amendment revises section 39L to provide that a reference to ‘adoption order’ in that section includes a reference to an adoption order made under a repealed law.

Schedule 2

Justice and Community Safety Legislation Amendment Bill 2016 (No 3)

Amendment moved by the Attorney-General

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