Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:108
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 108
Character Range: 139242–140618

108  Confirmation of provisional variation etc. of Australian maintenance order
 (1) This section 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 the reciprocating jurisdiction; or
 (ii) made in the reciprocating 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 (with or without modification) under this section has effect in Australia as if it were an order made under the Act.

Subdivision D—Order in response to a United States petition seeking a support order