Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:53
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 53
Character Range: 124709–126338

53  Taking of evidence at request of appropriate authority in convention countries
 (1) This regulation applies if the Secretary receives a request from the appropriate authority to obtain evidence concerning specified matters about an application under the law of a convention country:
 (a) to recover maintenance from another person; or
 (b) to the variation of an order made in that country for payment of maintenance by another person;
where the person is subject to the jurisdiction of that country.
 (2) The Secretary and any court exercising jurisdiction under the Act must do anything required to be done under the Convention to obtain the evidence.
 (3) When the evidence is obtained, the Secretary must send a certified copy of a record of the evidence to the appropriate authority.
 (4) If under subregulation (2), the Secretary requests a court to take evidence for the proceedings mentioned in subregulation (1), the court must give notice of the time when, and the place where, the evidence is to be taken to:
 (a) the Secretary; and
 (b) the person from whom the maintenance is claimed; and
 (c) the appropriate authority.
 (5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.
 (6) In this regulation:
appropriate authority, in relation to a request to obtain evidence for proceedings in a convention country, means:
 (a) the Transmitting Agency for that country under the convention; or
 (b) a court in that country; or
 (c) if the request is made through the Child Support Registrar, that Registrar.