Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:109
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 109
Character Range: 140618–142622

109  United States petition seeking a support order
 (1) This section applies if:
 (a) a petition is filed in a court in a State or Territory of the United States of America seeking a support order against a person claimed in the petition to have a duty of support (within the meaning of the law under which the petition is filed); and
 (b) that court gives a certificate to the effect that the petition sets out facts from which it may be determined that the person owes a duty of support; and
 (c) the Secretary has received from that court or another authority in the United States of America:
 (i) certified copies of the petition and the certificate; and
 (ii) a copy of the provisions of the law of the State or Territory to which the petition and certificate relate; and
 (d) the Secretary considers that there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia.
 (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling on the person (the respondent) claimed in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.
 (3) The Secretary must serve a copy of the application on the respondent.
Note: Service is dealt with by the applicable Rules of Court.

Exception where administrative assessment of child support available
 (4) An application must not be made 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.
 (5) Subsection (4) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.