Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:119
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 119
Character Range: 153991–155900

119  Party in Australia may apply to vary etc. overseas maintenance order, agreement or liability
 (1) This section applies to the following:
 (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction that is enforceable in Australia and was registered in a court before 1 July 2000 under regulations that were in force under the Act;
 (b) an overseas maintenance agreement registered in a court before 1 July 2000 under regulations that were in force under the Act;
 (c) an overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988, included in the Child Support Register under section 25A of that Act;
 (d) a registrable overseas maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988.
 (2) Application may be made to a court having jurisdiction under the family law for an order discharging, suspending, reviving or varying an order, agreement or liability to which this section applies.
 (3) An application may be made by:
 (a) the person for whose benefit the order or agreement was made, or for whose benefit the liability was created; or
 (b) the person against whom the order was made or the person who is liable to make payments because of the agreement or the liability; or
 (c) the Secretary, on behalf of a person mentioned in paragraph (a) or (b).
 (4) The court may, in determining the application, make an order discharging, suspending, reviving or varying the order, agreement or liability.
Note: Some orders must be provisional orders: see section 121.
 (5) A court may make an order under this section even if the respondent to the application has not been served with the application and has not consented to the order.
 (6) The law to be applied to the determination of an application under this section is the law in force in Australia under the Act.