Document ID: chunk:federal_register_of_legislation:F2024C01169:schedule:1:p5
Version: federal_register_of_legislation:F2024C01169
Segment Type: schedule
Provision Reference: sch 1 (pt 5/10)
Character Range: 40732–43400

State of origin to take further evidence or further consider the provisional order.

6 Where a judicial authority in the State addressed confirms a provisional order (with or without modification) the order by operation of law shall be enforceable as a court order in the State addressed and in the State of origin.

PART V
RECOVERY OF MONIES BY GOVERNMENT AUTHORITIES

Article 12
Recovery of monies by government authorities

1 A Central Authority of a Contracting State may, in its discretion, transmit to the Central Authority of the other Contracting State a request for authorities of the State addressed to recover, on behalf of the payee, monies payable under a decision.

2 A Central Authority may only transmit a request under
Article 12.1 in respect of a decision which is entitled to recognition and enforcement in the State addressed under Part IV of this Agreement.

3 The Contracting States agree that, upon receipt of a request under Article 12.1, authorities of the State addressed shall take action to recover the monies payable under the decision.

Article 13
Procedure for recovery of monies

The procedure for the recovery of monies in accordance with Article 12 shall be governed by the laws of the State addressed.

Article 14
Disbursement of monies recovered

1 Monies recovered by the authorities of the State addressed shall be paid to the Central Authority of the State of origin.

2 The Central Authority of the State of origin shall disburse monies paid to it under Article 14.1 in accordance with the laws of the State addressed.

PART VI
PENALTIES

Article 15
Penalties incurred prior to transfer of a decision

1 In this Article "penalty" means a penalty payable to an administrative authority by a payer under the law of a Contracting State:

       (a) in respect of an incorrect estimate of income given by the payer for the purpose of the making of a decision; or

       (b) in respect of the late payment to the administrative authority by the payer of monies payable under a decision of the kind referred to in Article 1.2(a) to (h).

2 Where a decision by an administrative or judicial authority is transmitted in accordance with Article 12 of this Agreement, any penalty payable under the law of the State of origin in relation to that decision:

       (a) shall be recognised and enforced in the State addressed in so far as the penalty relates to a period prior to the date of transmission of the decision;

       (b) shall be recovered by authorities of the State addressed if the Central Authority of the State of origin makes a request for its recovery to the Central Authority of the State addressed.

3 Where monies are