Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:28d
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 28D
Character Range: 98765–100324

28D  Hearing of applications based on United States petitions
 (1) This regulation explains what may happen on the hearing of an application under subregulation 28C(2).
 (2) It is open to the respondent to raise any ground of opposition that the respondent:
 (a) could have raised to the petition in the relevant court in the United States of America; or
 (b) could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the Act in Australia.
 (3) A court must not determine the application 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) Subregulation (3) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.
 (5) The court may:
 (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or
 (b) refuse to make an order; or
 (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.
 (6) In this regulation:
certificate means a certificate mentioned in paragraph 28C(1)(b).