Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:146
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 146
Character Range: 179357–180980

146  Cancellation of registration of overseas maintenance agreement registered before 1 July 2000
 (1) This section is made for the purposes of section 89 of the Act.
 (2) This section applies if:
 (a) an overseas maintenance agreement made in a prescribed overseas jurisdiction is enforceable in Australia; and
 (b) the overseas maintenance agreement was registered under the Family Law Regulations 1984 before 1 July 2000; and
 (c) the court (the Australian court) in which the agreement was registered receives a request, in writing, that the agreement be no longer enforceable in Australia, from:
 (i) the parties to the agreement; or
 (ii) the court or other authority in the prescribed overseas jurisdiction, an officer of which signed the certificate for the agreement mentioned in paragraph 33(2)(b) of the Family Law Regulations 1984 as in force before 1 July 2000.
Note: For the meaning of prescribed overseas jurisdiction, see subsection 10(3) of this instrument.
 (3) The Australian court must direct its relevant Registrar to cancel the registration of the overseas maintenance agreement by noting the fact and date of the cancellation on the certified copy of the agreement filed in the court.
 (4) Upon the cancellation of the registration of an overseas maintenance agreement under subsection (3), the agreement ceases to be enforceable in Australia.
 (5) The relevant Registrar of the Australian court must cause notice, in writing, of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.