Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:38a
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 38A
Character Range: 112488–113599

38A  Making and effect of provisional variation etc orders
 (1) This regulation applies if an order mentioned in subregulation 38(1) is provisional.
 (2) The order is of no effect:
 (a) unless it is expressed to be provisional; and
 (b) unless and until it is confirmed (either with or without modification) by a competent court of the reciprocating jurisdiction in which the overseas maintenance order affected by the provisional order was made (the foreign court).
 (3) The order may be made even though the respondent has not been served with the application and has not consented to the order proposed in the application.
Note: For application, see regulation 3.
 (4) The relevant Registrar of the court making the order must send a certified copy of the order, together with a copy of the depositions of the witnesses, to the Secretary.
 (5) The Secretary must send a certified copy of the order, together with a copy of the depositions of the witnesses, to the foreign court.
 (6) If the foreign court confirms the order (with or without modification), the order has effect in Australia as so confirmed.