Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:117
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 117
Character Range: 151867–153831

117  Cancellation of overseas maintenance order
 (1) This section applies if:
 (a) a maintenance order (the overseas maintenance order) made in a reciprocating jurisdiction is enforceable in Australia; and
 (b) the overseas maintenance order was:
 (i) confirmed in a court under this instrument, or before the commencement of this instrument under regulations that were in force under the Act; or
 (ii) registered in a court before 1 July 2000 under regulations that were in force under the Act; and
 (c) a written request from the court that made the order, or some other competent authority in the reciprocating jurisdiction, that the overseas maintenance order no longer be enforceable in Australia is received by the court (the Australian court) in which the overseas maintenance order was so confirmed or registered.
 (2) The Australian court must:
 (a) if the overseas maintenance order was confirmed as mentioned in subparagraph (1)(b)(i)—make an order revoking the confirmation; or
 (b) if the overseas maintenance order was registered as mentioned in subparagraph (1)(b)(ii)—direct its relevant Registrar to cancel the registration of the overseas maintenance order by noting the fact and date of the cancellation on the certified copy of the overseas maintenance order filed in the court.
 (3) The order ceases to be enforceable in Australia upon the revocation of its confirmation or cancellation of its registration.
 (4) The relevant Registrar of the Australian court must cause notice, in writing, of the following to be given to the person who was required to make payments under the order:
 (a) if confirmation of the order is revoked—the fact that the confirmation has been revoked and the date of the revocation;
 (b) if the registration of the order is cancelled—the fact that the registration has been cancelled and the date of the cancellation.

Subdivision H—Variation etc. of certain overseas maintenance orders, agreements and liabilities