Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:77
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 77
Character Range: 105516–107920

77  Extension of provisions of the Act
 (1) This section is made for the purposes of subsection 124A(1) of the Act.
 (2) Subdivisions D (except subsection 69U(3)) and E of Division 12 of Part VII of the Act apply, subject to this section, to proceedings for the purposes of an international agreement (within the meaning of section 124A of the Act) that:
 (a) is with:
 (i) a foreign country that is, or of which any part is, specified in the table in Schedule 2 to this instrument; or
 (ii) a jurisdiction specified in the table in Schedule 4 to this instrument; and
 (b) relates to maintenance obligations arising from family relationship, parentage or marriage.
 (3) Matters mentioned in this section are taken to be matters arising under Part VII of the Act for the purposes of the application of section 69H of the Act in relation to those matters.
 (4) Despite subsections 69S(1) and 69U(3) of the Act, the presumption of parentage provided for by subsection 69S(1) of the Act is taken, for the purposes of proceedings mentioned in subsection (2) of this section to be rebuttable under subsection 69U(1) of the Act.
Note: Subsection 69U(3) of the Act is not extended by subsection (2) of this section.

Division 2—Service under the Hague Service Convention

Subdivision A—Preliminary
Note 1: This Division forms part of a scheme to implement Australia's obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (see the definition of Hague Service Convention in section 4). Under the Convention, the Attorney‑General's Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as "other" or "additional" authorities (under Article 18 of the Convention).
Note 2: This Division provides for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and for default judgment in proceedings in the court after service overseas of such a document.
Note 3: A list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries could in 2024 be viewed at http://www.hcch.net.