Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:2_65
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 2 cl 65
Character Range: 104836–106629

65  Before subsection 25(2)
Insert:

 (1A) If:
 (a) the payee is a resident of a reciprocating jurisdiction; and
 (b) the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability:
 (c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
 (d) made by such an overseas authority on behalf of the payee;
is taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so.

 (1B) If:
 (a) the payee is a resident of a reciprocating jurisdiction; and
 (b) the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability is not taken to be an application under subsection (1) unless it is:
 (c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
 (d) made by such an overseas authority on behalf of the payee.

 (1C) If either the payer or the payee of a registrable maintenance liability that is not registered under this Act is a resident of a reciprocating jurisdiction, the payer may apply to the Registrar, in a manner specified by the Registrar, for the registration of the liability under this Act.

 (1D) If the payer is a resident of a reciprocating jurisdiction, the application mentioned in subsection (1C) must be either:
 (a) made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
 (b) made directly to the Registrar.