Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:112
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 112
Character Range: 146414–148017

112  Provisional maintenance order must be confirmed by a court in the reciprocating jurisdiction
 (1) The provisional order is of no effect:
 (a) unless it is expressed to be provisional; and
 (b) unless and until confirmed (with or without modification) by a competent court (the overseas court) in the jurisdiction that the respondent is resident in or proceeding to at the time of confirmation.
 (2) The relevant Registrar of the court that made the provisional order must send to the Secretary:
 (a) 3 certified copies of the provisional order; and
 (b) a statement of the grounds on which the making of the provisional order could have been opposed by the respondent if the respondent had appeared in the proceedings in which the order was made; and
 (c) any other relevant information or material, including information or material for working out the identity and whereabouts of the respondent, that the relevant Registrar has and considers it appropriate to be provided under this section.
 (3) On receipt of the documents and information, the Secretary must send to a competent court, or another relevant authority, in the jurisdiction that the respondent is resident in or proceeding to:
 (a) the copies of the provisional order and statement mentioned in paragraphs (2)(a) and (b); and
 (b) any information or material mentioned in paragraph (2)(c), to the extent that the Secretary considers it appropriate to provide the information or material under this section; and
 (c) a request, in writing, that proceedings be started for the confirmation and enforcement of the provisional order.