Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:39
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 39
Character Range: 114446–115976

39  Confirmation of variations made provisionally in reciprocating jurisdiction
 (1) This regulation applies if the Secretary receives:
 (a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:
 (i) made in Australia and enforceable in that jurisdiction; or
 (ii) made in that jurisdiction and enforceable in Australia; and
 (b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.
 (2) The Secretary must apply to a court for an order confirming the provisional order.
 (3) The Secretary must serve a copy of the application on the respondent.
Note: Service is dealt with by the applicable Rules of Court.
 (4) The court may:
 (a) confirm the provisional order (with or without modification); or
 (b) discharge the provisional order; or
 (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.
 (5) A provisional order that is confirmed under this regulation (whether with or without modification) has effect in Australia as if it were an order made by a court having jurisdiction under the Act.
 (6) In this regulation, a reference to a provisional order includes a reference to a provisional variation of:
 (a) an Australian maintenance agreement; or
 (b) an overseas maintenance agreement.

Part IIIB—Parentage