Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:128
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 128
Character Range: 162235–163528

128  Applications by persons in Recovery Convention countries for recovery of maintenance under Commonwealth, State or Territory law
 (1) This section applies if:
 (a) the Secretary receives from a Transmitting Agency in a Recovery Convention country an application for:
 (i) recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or
 (ii) variation of an existing order for maintenance; and
 (b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.
 (2) The Secretary may do anything required to be done by a Receiving Agency under the Recovery Convention to recover the maintenance on behalf of the person to be paid maintenance.
 (3) Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.
 (4) However, an Australian court may, in proceedings under this Division, have regard to the application and the record of proceedings of a court that made any order to which the application relates.
 (5) This section does not affect the operation of Subdivision B or C of Division 9 of Part 7 or Division 4 of this Part.