Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:106
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 106
Character Range: 136415–138867

106  Determination of Secretary's application
 (1) In proceedings with respect to the Secretary's application to the court:
 (a) it is open to the respondent to raise:
 (i) any ground of opposition that the respondent could have raised in the original proceedings; or
 (ii) any ground of opposition that the respondent could have raised if the proceedings leading to the making of the provisional overseas order had been heard in Australia; and
 (b) the statement mentioned in subparagraph 105(1)(c)(iii) is conclusive evidence of the grounds of opposition that could have been raised in the original proceedings.
 (2) Subject to subsection (6), the court may, in determining the application:
 (a) make an order confirming (with or without modification) the provisional overseas maintenance order; or
 (b) discharge the provisional overseas maintenance order; or
 (c) adjourn the proceedings and remit the provisional overseas maintenance order to the court that made it with a request that that court take further evidence and further consider its provisional overseas maintenance order.
 (3) An order confirming the provisional overseas maintenance order may specify:
 (a) the time or times by which the money payable under the provisional overseas maintenance 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 confirms or discharges the provisional overseas maintenance order, the Secretary must notify an officer of the court, or another relevant authority, in the reciprocating jurisdiction of that 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.