Document ID: chunk:federal_register_of_legislation:F2024C01169:schedule:1:p2
Version: federal_register_of_legislation:F2024C01169
Segment Type: schedule
Provision Reference: sch 1 (pt 2/10)
Character Range: 33172–35913

of property; or

       (c) a decision under which money is payable in respect of taxes, fines, penalties or other charges of a similar nature.

4 If a decision does not relate solely to the payment of an amount of money for maintenance, the effect of this Agreement is limited to the parts of the decision which concern maintenance obligations.

5 In relation to agreements referred to in Article 1.2(b), (c), (f)
and (g), a reference in this Agreement to the making, suspension, modification or revocation of a decision means a decision by a judicial or administrative authority to register an agreement, to register a variation of an agreement, or to suspend or revoke the registration of an agreement.

Article 2
Limitation to Australia/New Zealand cases

The provisions of this Agreement apply to a judicial or administrative authority of a Contracting State making, suspending, modifying or revoking a decision referred to in Article 1, if:

(a) the payer is habitually resident in a Contracting State; and

(b) the payee is habitually resident in the other Contracting State.

Article 3
Date of decisions

1 This Agreement applies irrespective of the date on which a decision was made.

2 Where a decision has been made prior to the date on which this Agreement enters into force between the Contracting States, this Agreement applies for payments falling due under the decision before and after that date.

PART II
JURISDICTION

Article 4
Jurisdiction of judicial authorities

Subject to Article 11, a judicial authority of a Contracting State has jurisdiction to make a decision if at the date of the decision the payee has his or her habitual residence in that State.

Article 5
Jurisdiction of administrative authorities

1 Subject to Article 5.2 and 5.3, an administrative authority of a Contracting State has jurisdiction to make, suspend, modify or revoke a decision if, according to the national law of that Contracting State, the authority has that jurisdiction.

2 Subject to Article 5.3, where an administrative authority of a Contracting State has made or modified a decision referred to in Article 1.2(a), (b) or (c) in accordance with the law of that Contracting State, and a payer, a payee or a Central Authority gives a notice in writing to that administrative authority indicating that the payee has his or her habitual residence in the other Contracting State:

       (a) the jurisdiction of that administrative authority to make or modify a decision referred to in Article 1.2(a), (b) or (c) ceases as from the date of the notice if the payee has his or her habitual residence in the other Contracting State; and

       (b) the decision of the administrative authority has force and effect for the period prior to