Scrutiny of Acts and Regulations Committee
Report concerning the Maintenance Act 1965, Marriage
Act 1958
and the Perpetuities and Accumulations Act 1968
Recommendations
The recommendations of the Report are set out below.
The Maintenance Act 1965 (Vic)
Recommendation 1 [page
6]
The Committee recommends that the Maintenance Act 1965
is redundant and should be repealed.
Recommendation 2 [page
6]
The Committee recommends that a saving clause preserving
any orders made under the Maintenance Act 1965 (and assuring
the enforceability of such orders) be included in the repealing Act.
The Marriage Act 1958 (Vic)
Recommendation 3 [page
8]
The Committee recommends that sections 132 (2), 134, 148
and 155 (2) in Part VII (which deal with guardianship issues) of the Marriage
Act 1958 be repealed.
Recommendation 4 [page
8]
The Committee recommends that sections 133, 135, 138, 139
and 153 of the Marriage Act 1958 be retained and transferred
to the Children and Young Persons Act 1989.
Recommendation 5 [page
10]
The Committee recommends that sections 156, 157, 158 and
159 (1) in Part VIII of the Marriage Act 1958 (regarding the
rights of married women) be repealed.
Recommendation 6 [page
10]
The Committee recommends that sections 160 and 161 of the
Marriage Act 1958 be repealed.
Recommendation 7 [page
11]
The Committee recommends that s.159 (3) of the Marriage
Act 1958 be retained. However this section is inconsistent with section
14 of the Wills Act 1997 (Vic). The Committee recommends that,
subject to this inconsistency being resolved, section 159(3) of the Marriage
Act 1958 be transferred to the intestacy provisions of the Administration
and Probate Act 1958 (Vic).
The Perpetuities and Accumulations Act 1968 (Vic)
Recommendation 1 [page
29]
The Committee recommends that the rule against perpetuities
be retained.
Recommendation 2 [page
29]
The Committee recommends that Parliamentary Counsel be
requested to re-draft the Perpetuities and Accumulations Act 1968
for the purpose of making the Act clearer and more understood, without
altering its substantive legal effect. In this regard, the Committee recommends
placing examples in the Act to clarify the effect of certain provisions.
Recommendation 3 [page
29]
The Committee recommends that consideration be given to
the conduct of a comprehensive review of the Perpetuities and Accumulations
Act 1968 for law reform purposes.
Recommendation 4 [page
29]
The Committee recommends that if a comprehensive review
of the Perpetuities and Accumulations Act 1968 is conducted for
law reform purposes, the reviewing body consider the following proposals:
a) The introduction of an exclusive statutory perpetuity
period;
b) What the appropriate length of any exclusive statutory
perpetuity period should be, and specifically, whether the current period
of 80 years should be extended to 125 years;
c) Whether the Act should be modified so as to create
an inclusionary regime that will confine the operation of the rule against
perpetuities to family settlements, and to exclude it from operation
with respect to commercial transactions;
d) Whether the ambit of the exclusions in relation to
options under section 15 of the Act be expanded to effectively exclude
all options;
e) Whether any amendments to the Act are required to
respond to issues raised by new reproductive technologies.
Scrutiny
of Acts and Regulations Committee
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Parliament of Victoria
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