Statute Details
- Title: Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024
- Full Title: Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024
- Act Code: WC1961-S994-2024
- Type: Subsidiary Legislation (sl)
- Commencement Date: 16 January 2025
- Parts: N/A
- Key Sections: Section 2: Definitions, Section 3: Cessation of application of section 45(13) of Act
- Related Legislation: Family Justice Reform Act 2023, Infants Act 1934, Women's Charter 1961, Administration of Muslim Law Act 1966, Maintenance of Parents Act 1995
What Is This Legislation About?
The Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 is a piece of subsidiary legislation that governs the cessation of the application of Section 45(13) of the Family Justice Reform Act 2023. Section 45(13) of the principal Act deals with the enforcement of maintenance orders, and these Regulations provide the specific conditions under which this section will no longer apply to certain maintenance orders.
The key purpose of these Regulations is to establish a framework for the gradual phasing out of the application of Section 45(13) to various types of maintenance orders, including those made under the Women's Charter, the Administration of Muslim Law Act, the Guardianship of Infants Act, and the Maintenance of Parents Act. This is part of the broader reform of the family justice system in Singapore.
What Are the Key Provisions?
The main provisions of the Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 are as follows:
Definitions (Section 2)
Section 2 provides definitions for key terms used in the Regulations, including "Court", "maintenance arrears", "maintenance enforcement application", and "relevant maintenance order". These definitions are crucial for understanding the scope and application of the Regulations.
Cessation of Application of Section 45(13) (Section 3)
Section 3 sets out the conditions under which Section 45(13) of the Family Justice Reform Act 2023 will cease to apply to a "relevant maintenance order". There are two scenarios outlined:
- For relevant maintenance orders where there has been at least one concluded maintenance enforcement application and no pending applications, Section 45(13) will cease to apply on or after 16 January 2025 (Section 3(1)).
- For relevant maintenance orders where the first maintenance enforcement application is filed on or after 1 October 2025, Section 45(13) will cease to apply if: (a) any appeal against the order has been disposed of and the period for making an appeal has ended; and (b) the maintenance arrears under the order are $10,000 or more (Section 3(2)).
These provisions effectively establish a timeline and criteria for the gradual phasing out of the application of Section 45(13) to various types of maintenance orders.
How Is This Legislation Structured?
The Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 is a relatively short piece of subsidiary legislation, consisting of only three sections:
- Citation and Commencement - This section provides the citation of the Regulations and the date they come into operation (16 January 2025).
- Definitions - This section defines key terms used in the Regulations, such as "Court", "maintenance arrears", "maintenance enforcement application", and "relevant maintenance order".
- Cessation of Application of Section 45(13) of Act - This section outlines the specific conditions under which Section 45(13) of the Family Justice Reform Act 2023 will cease to apply to relevant maintenance orders.
Who Does This Legislation Apply To?
The Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 apply to a specific set of "relevant maintenance orders", which are defined in Section 2 to include:
- Orders for the payment of maintenance made by the General Division of the High Court or a Family Court under the Women's Charter 1961
- Orders for the payment of maintenance or alimony made under the Women's Charter 1961
- Orders for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966
- Orders for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934
- Orders for maintenance made under the Maintenance of Parents Act 1995
The Regulations specifically deal with the cessation of the application of Section 45(13) of the Family Justice Reform Act 2023 to these types of maintenance orders, based on the conditions outlined in Section 3.
Why Is This Legislation Important?
The Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 are an important part of the broader reform of the family justice system in Singapore. Section 45(13) of the principal Act deals with the enforcement of maintenance orders, and these Regulations provide a clear and structured framework for the gradual phasing out of the application of this section to various types of maintenance orders.
The Regulations are significant because they:
- Provide legal certainty and clarity around the conditions for the cessation of Section 45(13)'s application
- Facilitate the transition to a new system of maintenance order enforcement, as part of the family justice reforms
- Ensure a consistent and fair approach to the enforcement of different types of maintenance orders
- Contribute to the overall efficiency and effectiveness of the family justice system in Singapore
Ultimately, these Regulations play a crucial role in the ongoing efforts to modernize and improve the family justice system in Singapore, with the goal of better serving the needs of families and individuals involved in maintenance-related disputes.
Related Legislation
- Family Justice Reform Act 2023
- Women's Charter 1961
- Administration of Muslim Law Act 1966
- Guardianship of Infants Act 1934
- Maintenance of Parents Act 1995
Source Documents
This article provides an overview of the Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.