Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:129
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 129
Character Range: 163528–164757

129  Proceedings on behalf of persons in Recovery Convention countries for recovery of maintenance
 (1) This section applies to proceedings under this Division in a court on behalf of a claimant.
 (2) The court must proceed as if the claimant were before the court.
 (3) A court must not make a maintenance order in proceedings under this Part 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.
 (4) Subsection (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.
 (5) The Secretary may do anything that is required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.
 (6) In any document to be filed in, or issued out of, the court, the Secretary may be described as the Secretary of the Attorney‑General's Department acting on behalf of the claimant whose name must be set out in the document.