(Keeling) Islands.
7A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
8 Supersession of existing laws (1) After the commencement of this Act: (a) proceedings by way of a matrimonial cause shall not be instituted except under this Act; and (b) proceedings by way of a matrimonial cause instituted before the commencement of this Act shall not be continued except in accordance with section 9.
(2) Proceedings for a decree of restitution of conjugal rights, of jactitation of marriage or of judicial separation shall not be instituted or continued after the commencement of this Act.
(3) Proceedings for a separation order shall not be instituted after the commencement of this Act.
9 Transitional (1) Subject to subsections (2) and (2A), pending proceedings for a decree of dissolution of marriage or for a decree of nullity of marriage on the ground that the marriage is voidable, and pending proceedings for a separation order, may be continued and shall be dealt with as if this Act had not been passed.
(2) Where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of commencement of this Act, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of commencement of this Act.
(2A) Where subsection (2) does not apply but the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of making of the request under this subsection, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of making of the request.
(3) Pending proceedings for a decree of nullity of marriage on the ground that the marriage is void or proceedings of a kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4(1) may be continued and shall be dealt with as if they were proceedings instituted under this Act.
(4) Pending proceedings constituting a matrimonial cause, not being proceedings for principal relief, whether instituted under the repealed Act or under the law of a State or Territory, may be continued and shall be dealt with as if they were proceedings instituted under this Act.
(5) Subsection 117(1) does not apply to proceedings continued and dealt with under this section.
(6) Where, in any proceedings constituting a matrimonial cause, a decree has been made before the commencement of this Act: (a) any appeal in respect of that decree may be continued or instituted; (b) any new trial or re‑hearing ordered upon the hearing of such an appeal, or upon an appeal heard before the commencement of this Act, may be had and completed; and (c) any decree may be made upon any such appeal, new trial or re‑hearing, and, if a decree so made is a decree nisi, the decree may become absolute; as if this Act had not been passed.
(7) Where, in any proceedings constituting a matrimonial cause, a decree nisi was made before the commencement of this Act but did not become absolute before that date, the decree becomes absolute upon: (a) the expiration of 1 month from the date of making of the decree; (b) the expiration of 1 month from the date of making of a relevant order under subsection 71(1) of the repealed Act or section 55A of this Act; or (c) the date of commencement of this Act; whichever is the latest.
(7A) Where, in any proceedings constituting a matrimonial cause, being proceedings continued and dealt with in accordance with subsection (1), a decree nisi was made on or after 5 January 1976 and before the date of commencement of this subsection, being a decree that did not become absolute before that last‑mentioned date, or is made on or after the date of commencement of this subsection, then: (a) except in the case of a decree made before the date of commencement of this subsection in respect of which a relevant order was made under subsection 71(1) of the repealed Act before that date — section 55A of this Act applies in relation to the decree; and (b) the decree becomes absolute upon: (i) the expiration of one month from: (A) in the case of a decree in respect of which a relevant order was made under subsection 71(1) of the repealed Act before the date of commencement of this subsection — the date of making of that order; or (B) in any other case — the date of making of a relevant order under section 55A of this Act; or (ii) the date of commencement of this subsection; whichever is the later.
(8) The law to be applied, and the practice and the procedure to be followed, in and in relation to pending proceedings that are continued as if this Act had not been passed shall be the same as if this Act had not been passed.
(9) In this section: appeal includes: (a) an application for leave or special leave to appeal; (b) an application for a new trial or for a re‑hearing; and (c) an intervention. pending proceedings means proceedings that were instituted before the date of commencement of this Act but were not completed before that date.
Part IA — Protection of names
9A Use of protected names and symbols (1) A person must not, without the Minister’s written consent: (a) use in relation to a business, trade, profession or occupation; or (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or (d) use in relation to: (i) goods or services; or (ii) the promotion, by any means, of the supply or use of goods or services: either: (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
Penalty: 30 penalty units.
(2) Subsection (1), so far as it applies in relation to a particular protected name or protected symbol, does not affect rights conferred by law on a person in relation to: (a) a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or (b) a design registered under the Designs Act 2003; that was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.
(3) This section, so far as it applies in relation to a particular protected name or protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person: (a) was using the relevant name or symbol in good faith in that manner; or (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first‑mentioned person.
(4) In this section: protected name means a name prescribed for the purposes of this definition. protected symbol means a symbol whose design is set out in the regulations. protection time means: (a) in relation to a protected name — the time immediately before the commencement of the regulation prescribing the name; or (b) in relation to a protected symbol — the time immediately before the commencement of the regulation setting out the design of the symbol.
Part II — Non‑court based family services
Division 1 — Accreditation of family counsellors, family dispute resolution practitioners and other family service providers
10A