Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:122
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 122
Character Range: 157922–159302

122  Provisional variation etc. order must be confirmed by court in reciprocating jurisdiction
 (1) A provisional order made under subsection 119(4) is of no effect:
 (a) unless it is expressed to be provisional; and
 (b) unless and until it is confirmed (with or without modification) by a competent court (the overseas court) in the reciprocating jurisdiction that, at the time of confirmation, the respondent is resident in or proceeding to.
 (2) The relevant Registrar of the court that made the provisional order must send to the Secretary:
 (a) 3 certified copies of the provisional order; and
 (b) a copy of the depositions of the witnesses; and
 (c) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the provisional order was made; and
 (d) the information and material (if any) that the relevant Registrar has for working out the identity and whereabouts of the respondent.
 (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the reciprocating jurisdiction that the respondent is resident in or proceeding to:
 (a) the documents and information; and
 (b) a request, in writing, that proceedings be started for the confirmation and enforcement of the provisional order.