Document ID: chunk:federal_register_of_legislation:F2024C01169:schedule:1:p1
Version: federal_register_of_legislation:F2024C01169
Segment Type: schedule
Provision Reference: sch 1 (pt 1/10)
Character Range: 30504–33392

Schedule 1—Australia–New Zealand Agreement
Note: See the definition of Australia—New Zealand Agreement in section 8.

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND ON CHILD AND SPOUSAL MAINTENANCE

(Canberra, 12 April 2000)

Preamble

THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND (hereinafter referred to as "the Contracting States"),

CONSIDERING the principle that parents have an obligation, according to their capacity to pay, to provide their children with a proper level of financial support,

CONSIDERING the enforcement abroad of maintenance decisions gives rise to serious practical and legal difficulties,

DESIRING to conclude an Agreement on the jurisdiction of their administrative and judicial authorities, to facilitate recognition and enforcement of decisions, to exchange information and to provide for mutual co‑operation in the collection and payment of monies in relation to child and spousal maintenance,

HAVE AGREED AS FOLLOWS:

PART 1
SCOPE OF THE AGREEMENT

Article 1
Meaning of decision

1 This Agreement applies to a decision made by an administrative or judicial authority of a Contracting State under which money is payable in respect of a maintenance obligation, arising from parentage or marriage, between a payer and payee.

2 For the purposes of this Agreement a decision shall include:

       (a) a child support assessment issued by an administrative authority;

       (b) an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;

       (c) an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);

       (d) an order for child maintenance made by a judicial authority;

       (e) an order for spousal maintenance made by a judicial authority;

       (f) an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;

       (g) an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f); and

       (h) a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.
3 For the purposes of this Agreement a decision shall not include:

       (a) an agreement to make payments for the maintenance of a child or spouse which has not been registered with an administrative or judicial authority;

       (b) a decision requiring the provision of maintenance by way of the transfer or settlement of property; or

       (c) a decision under which money is payable in respect of taxes, fines, penalties or other charges of a similar nature.

4 If a decision does not relate solely to the payment of an amount of money