Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:110
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 110
Character Range: 142622–145026

110  Determination of Secretary's application
 (1) In proceedings with respect to the Secretary's application to the court, it is open to the respondent to raise:
 (a) any ground of opposition that the respondent could have raised to the petition in the relevant court in the United States of America; or
 (b) any ground of opposition that the respondent could raise in proceedings in relation to the provision of maintenance in a court having jurisdiction under the family law in Australia.
 (2) Subject to subsection (6), the court may, in determining the application:
 (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); or
 (b) refuse to make an order; or
 (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.
 (3) An order for the provision of maintenance may specify:
 (a) the time or times by which the money payable under the order is to be paid; and
 (b) the person, authority or court to whom or to which that money is to be paid; and
 (c) where necessary, the means by which that money must be paid or disbursed.
 (4) If the court adjourns the proceedings, the court may make a temporary order for periodic payments by the respondent.

Notification by the Secretary
 (5) If the court makes or refuses to make an order, the Secretary must notify the court in which the petition was filed, or the authority in the United States of America that caused the petition to be sent to the Secretary, of the decision.

Exception where administrative assessment of child support available
 (6) The court must not determine the application 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.
 (7) Subsection (6) has effect whether or not an application for administrative assessment of child support for the child has in fact been made.

Subdivision E—Australian provisional maintenance order against person in reciprocating jurisdiction