Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:105
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 105
Character Range: 134201–136415

105  Provisional overseas maintenance orders made in a reciprocating jurisdiction
 (1) This section applies if:
 (a) a maintenance order (the provisional overseas maintenance order) has been made in a reciprocating jurisdiction; and
 (b) the provisional overseas maintenance order has no effect under the law of the reciprocating jurisdiction unless and until it is confirmed by a court outside the reciprocating jurisdiction; and
 (c) the Secretary has received:
 (i) a certified copy of the provisional overseas maintenance order; and
 (ii) a copy of the depositions of the witnesses in the proceedings in which the order was made; and
 (iii) a statement of the grounds on which the order could have been opposed by the person (the respondent) against whom the order was sought if the respondent had appeared in the proceedings in which the order was made; and
 (d) the Secretary considers that there are reasonable grounds for believing that:
 (i) the respondent is ordinarily resident in, present in, or proceeding to, Australia; and
 (ii) the provisional overseas maintenance order will have effect under the law of the reciprocating jurisdiction if it is confirmed by a court having jurisdiction under the family law.
 (2) Subject to subsection (4), the Secretary must make an application, to a court having jurisdiction under the family law, calling upon the respondent to show cause why the provisional overseas maintenance order should not be confirmed.
 (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.