Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:132
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 132
Character Range: 165928–167700

132  Taking of evidence at request of appropriate authority in Recovery Convention countries
 (1) This section applies if the Secretary receives a request from the appropriate authority of a Recovery Convention country to obtain evidence concerning specified matters about an application under the law of the Recovery Convention country:
 (a) to recover maintenance from another person; or
 (b) for variation of an order made in the Recovery Convention country for payment of maintenance by another person;
where the person is subject to the jurisdiction of the Recovery Convention country.
 (2) The Secretary and any court exercising jurisdiction under the family law must do anything required to be done under the Recovery Convention to obtain the evidence.
 (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority of the Recovery Convention country.
 (4) If, under subsection (2), the Secretary requests a court to take evidence for the proceedings mentioned in subsection (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:
 (a) the Secretary; and
 (b) the person from whom the maintenance is claimed; and
 (c) the appropriate authority of the Recovery Convention country.
 (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.
 (6) In this section:
appropriate authority of a Recovery Convention country means:
 (a) the Transmitting Agency for the Recovery Convention under the Recovery Convention; or
 (b) a court in that country; or
 (c) if the request is made through the Child Support Registrar—the Child Support Registrar.