Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:2_42d:p1
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 2 cl 42D (pt 1/2)
Character Range: 116211–119045

42D  Content of notices in relation to registration decisions for registrable overseas maintenance liabilities

 (1) In the case of a registrable overseas maintenance liability, a notice served on a person under section 42C must, if the reciprocating jurisdiction in which the liability arose provides for review of the liability, include, or be accompanied by, a statement to the effect that a person aggrieved by the decision notified under that section may seek review of the liability by a judicial or administrative authority of the jurisdiction.

 (2) If the registrable maintenance liability:
 (a) arises under a maintenance order made by a judicial authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction); or
 (b) arises under a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction);
subsections (3) and (4) also apply in relation to the notice given under section 42C.

 (3) The notice served under section 42C on a person against whom the maintenance order or assessment was made must also include, or be accompanied by:
 (a) if the person:
 (i) did not have notice of the proceedings giving rise to the maintenance order or assessment; and
 (ii) did not appear in those proceedings; and
 (iii) did not consent to the making of the maintenance order or assessment;
  a statement to the effect that, if the person makes an application under subregulation 36(2) of the Family Law Regulations 1984, the person may raise any matter that the person could have raised under Part VII or VIII of the Family Law Act 1975 if the proceedings giving rise to the maintenance order or assessment had been heard in Australia; or
 (b) in any other case—a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.

 (4) The notice served under section 42C on a person for whose benefit the maintenance order or assessment referred to in subsection (2) was made must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.

 (5) If the registrable maintenance liability arises under a maintenance agreement that has been registered by a judicial or administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction), subsection (6) also applies in relation to the notice given under section 42C.

 (6) The notice served under section 42C on a person who is the payer or payee under a maintenance agreement must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.

Note: Regulation