Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:76:p1
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 76 (pt 1/2)
Character Range: 101014–103668

76  Inter‑State enforcement of child bearing expenses order
 (1) For the purposes of section 109 of the Act, this section applies if:
 (a) an order to which section 109 of the Act applies is made by a court (the requesting court) in a State or Territory; and
 (b) the order is still in force.

Request for enforcement in another State or Territory
 (2) The relevant Registrar of the requesting court may, on their own motion or on application by a person for whose benefit the order was made, send the documents mentioned in subsection (3) to a court (the receiving court) in another State or Territory for registration and enforcement if:
 (a) it appears to the relevant Registrar of the requesting court that there are reasonable grounds for believing that the person against whom the order has been made is resident in, or proceeding to, that other State or Territory; and
 (b) the receiving court has jurisdiction under the family law in relation to orders to which section 109 of the Act applies.
 (3) For the purposes of subsection (2), the documents are:
 (a) 3 certified copies of the order; and
 (b) a certificate setting out the amounts payable and remaining unpaid under the order; and
 (c) such information and material (if any) as the relevant Registrar of the requesting court possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and
 (d) a request, in writing, that the order be made enforceable in that State or Territory.

Registration and enforcement in other State or Territory
 (4) If, after the order is registered, it appears to the relevant Registrar of the receiving court that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to that State or Territory, the relevant Registrar of the receiving court must, on receiving the documents, register the order by:
 (a) filing a certified copy of the order and the certificate setting out the amounts payable and remaining unpaid under the order; and
 (b) noting the fact and date of registration on the certified copy of the order.
 (5) The registered order is, until the registration is cancelled, enforceable in the receiving court, in the same way the order would be if it were made under the Act, with respect to:
 (a) any moneys or arrears presently payable under the order; and
 (b) any amounts becoming due under the order after it is registered.
 (6) On registration of the order, the relevant Registrar of the receiving court must:
 (a) notify the relevant Registrar of the requesting court of the registration; and
 (b) cause a certified copy of