Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:111
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 111
Character Range: 145026–146414

111  Provisional maintenance order against person in reciprocating jurisdiction
 (1) This section applies if:
 (a) an application for a maintenance order under the Act has been made; and
 (b) it appears to the court that there are reasonable grounds for believing that a respondent to the application is resident in, or proceeding to, a reciprocating jurisdiction.
 (2) This section applies even if the respondent has not been served with the application and has not consented to the order.
 (3) Subject to subsection (4), the court may make, in the absence of the respondent, a provisional order of any kind that it could have made if the application had been served on the respondent and the respondent had failed to appear at the hearing of the application.

Exception where administrative assessment of child support available
 (4) The court must not make a provisional order if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989, read with the Child Support (Registration and Collection) Act 1988, for administrative assessment of child support (within the meaning of the Child Support (Assessment) Act 1989) by a person seeking payment of child support for the child from the respondent.
 (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.