Div 8Reciprocal enforcement of orders

Division 8—Reciprocal enforcement of orders Subdivision 1—Interpretation and administration 196—Interpretation (1) In this Division unless the contrary intention appears— another Australian State means an Australian State other than this State; Australian State means a State or Territory of the Commonwealth; certified copy— (a) in relation to a maintenance order or other order of a court (not being an order made under the Family Law Act 1975 of the Commonwealth)—means a copy of the order certified to be a true copy by an officer of the court that made the order or a copy of such a copy certified to be a true copy by an officer of a court in or by which the order has been registered or confirmed; (b) in relation to a maintenance order or other order made under the Family Law Act 1975 of the Commonwealth—means a certificate of the order or a copy of the decree nisi issued under the rules made under that Act, or a copy of such a certificate certified to be a true copy by an officer of a court in which the order has been registered under that Act; (c) in relation to a record of the evidence of a witness in proceedings before a court—means a copy of the record certified to be a true copy by an officer of that court; Collector— (a) in relation to this State—means the Collector of Maintenance or the Deputy Collector of Maintenance or an Assistant Collector of Maintenance appointed under this Act; (b) in relation to another Australian State—means an officer appointed under the law of that Australian State whose duties, or part of whose duties, are similar to those of the Collector of Maintenance, the Deputy Collector of Maintenance or an Assistant Collector of Maintenance appointed under this Act; Collector's certificate— (a) in relation to a South Australian order, or an overseas order enforceable in this State—means a certificate in or to the effect of the prescribed form signed by the Collector; (b) in relation to a maintenance order made in another Australian State, or an overseas order that is or has been enforceable in another Australian State—means a certificate in or to the effect of such form prescribed by or under the law of that other Australian State as corresponds with the form of Collector's certificate prescribed for the purposes of this Act; complainant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person for whose benefit the maintenance order was made, or a person acting on behalf of that person; country includes any State, Province or other part of a country outside Australia, or any Territory of such a country; country having restricted reciprocity means a reciprocating country that is for the time being declared by a proclamation in force under this Division to have restricted reciprocity with this State; court means a court, or a magistrate, justices or any other person or persons exercising judicial power, whether constituted or acting under the law of this State, any other Australian State, the Commonwealth, or a reciprocating country; defendant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person against whom the order was made; depositions, in relation to a witness in proceedings, means the record, or a certified copy of the record, of the evidence of that witness in those proceedings; interstate order means a maintenance order— (a) made in another Australian State by a court of summary jurisdiction or by a magistrate or justices; or (b) made by the Supreme Court of another Australian State (whether under the law of that Australian State or under the law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in another Australian State; officer in relation to a court, includes a person, or one of the persons, constituting the court; overseas order, in relation to a reciprocating country, means— (a) in any case where in a proclamation under this Division declaring that country to be a reciprocating country it is declared that maintenance orders made in that country are enforceable in this State in accordance with the provisions of this Act from a date specified in the proclamation—a maintenance order made on or after that date in that country by a court of competent jurisdiction; (b) in any other case—a maintenance order made in that country (whether before or after the making of the proclamation) by a court of competent jurisdiction; reciprocating country means a country that is for the time being a country declared by a proclamation in force under this Division to be a reciprocating country for the purposes of this Act; South Australian order means a maintenance order made by a court in this State. (2) A reference in this Division to a certified copy of an order is, where the order has been varied or otherwise affected by a provisional order of one court that has effect by virtue of the fact that it has been confirmed (whether with or without modification) by another court, to be read as including reference to both a certified copy of the provisional order and a certified copy of the confirming order. (3) A reference in this Division to an order made by a court is to be read as including a reference to an order made by another court on an appeal in connection with proceedings that originated in the first-mentioned court. (4) For the purposes of this Division, where a person is working in a place, whether temporarily or permanently, he or she will be taken to be resident in that place as well as in the place where he or she is in fact resident. 197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance (1) For the purposes of this Division— (a) the Chief Executive is the Collector of Maintenance; and (b) the Minister may appoint, from employees of the Department, a Deputy Collector of Maintenance and as many Assistant Collectors of Maintenance as are necessary. (2) The Deputy Collector of Maintenance and every Assistant Collector of Maintenance have and may exercise, subject to the directions of the Collector of Maintenance, all the powers, authorities, duties and functions of the Collector of Maintenance. 198—Powers of Collector (1) The Collector has power to do all things necessary or convenient to be done for the enforcement in this State of maintenance orders that are enforceable in this State by virtue of this Division. (2) The Collector will— (a) receive money payable to the Collector pursuant to orders enforceable under this Division and money remitted by Collectors for other Australian States and authorities in reciprocating countries, and give receipts for money so received; and (b) keep proper accounts of all money received, remitted or paid by the Collector; and (c) remit to Collectors for other Australian States and to the proper authorities in reciprocating countries money received in respect of maintenance orders made for the maintenance or benefit of persons residing in those Australian States or in those countries and payable to or for the benefit of those persons, together with proper accounts in respect of that money; and (d) pay other money received to the persons entitled to it, and has such other powers, authorities, duties and functions as are specified in this Act or are prescribed. (3) In all proceedings under this Division, the Collector is entitled to appear, to be heard, to give evidence and to call, examine and cross-examine witnesses. Subdivision 2—Interstate maintenance 200—Transmission of South Australian orders for enforcement in other States (1) Where a South Australian order is enforceable in this State but not in any other Australian State, and it appears to the Collector that the defendant is resident in, or proceeding to, another Australian State, the Collector may send to the Collector for that other Australian State— (a) three certified copies of the order; and (c) such information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and (d) a request in writing that the order be made enforceable in that other Australian State. (2) Where— (a) a South Australian order is, under the law of another Australian State, enforceable in that other Australian State; and (b) the Collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that other Australian State or it appears to the Collector that there is some other good reason why the order should no longer be enforceable in that other Australian State, he or she may send to the Collector for that other Australian State, a request in writing that the order be made no longer enforceable in that other Australian State and, for the purposes of this Act, the order will, upon the sending of the request, cease to be enforceable in that other Australian State. (3) The fact that a South Australian order has ceased to be enforceable in another Australian State by reason of action taken in that other Australian State as a result of a request made under subsection (2) does not prevent a further request under subsection (1) that the order be again made enforceable in that other Australian State. (4) Where a South Australian order is, in pursuance of a request under subsection (1), made enforceable in another Australian State— (a) the order becomes unenforceable in this State; and (b) the order remains unenforceable in this State, and no proceedings for the enforcement of the order lie, unless and until it ceases to be enforceable in that other Australian State; and (c) a warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect. 201—Enforcement in this State of orders made in other Australian States (1) Where the Collector receives from the Collector for another Australian State— (a) three certified copies of an interstate order made in that State; and (c) a request in writing that the order be made enforceable in this State, the Collector must, if it appears to him or her that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, this State, send the documents to the Magistrates Court with a request that the order be registered in that court. (2) On receiving such a request the court must (whether or not the order is of a kind that could be made in this State) register the order and file in the court a certified copy of the order and the Collector's certificate. (3) An interstate order so registered is, until the registration is cancelled and subject to any order for its suspension, enforceable in this State both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered and the provisions of section 209 apply to and in relation to such order accordingly. (4) Upon registration of the interstate order, the Collector must notify the Collector for the other Australian State accordingly and must cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State— (c) giving an address at which those payments may be made. (5) Where— (a) an interstate order is registered in this State under this section; and (b) the Collector receives from the Collector for the other Australian State a request in writing that the order be made no longer enforceable in this State, the Collector must request the Magistrates Court to cancel the registration of the order, and that registration must be so cancelled. (6) Where the registration of an interstate order is so cancelled— (a) the order is unenforceable in this State; and (b) the order remains unenforceable in this State and no proceedings for the enforcement of it lie, unless and until it is again registered in this State; and (c) a warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect. 202—Collector to notify original State when defendant leaves this State Where an interstate order has been registered in this State under this Act and the Collector has reasonable grounds for believing that the defendant is no longer resident in this State, but is resident in, or proceeding to, another Australian State, the Collector must notify the Collector in the State in which the order was made of the fact and give such information as he or she possesses concerning the whereabouts and intended movements of the defendant. 203—Application for provisional order of variation (1) Where an interstate order made by a court of summary jurisdiction, or by a magistrate or justices, is enforceable in this State by virtue of this Subdivision, application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the Magistrates Court for an order discharging, suspending, varying or reviving the interstate order, and that court has jurisdiction to hear and determine the application. (2) Where a South Australian order made by the Magistrates Court is enforceable in another Australian State by virtue of any enactment in that State corresponding with this Subdivision, application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the Magistrates Court for an order discharging, suspending, varying or reviving the South Australian order. (3) The applicant must cause notice of an application under this section to be served personally or by post not less than 14 days before the hearing of the application, upon the Collector at the main office of the Department in Adelaide, and the Collector must, on receiving the notice, notify the Collector for the Australian State in which the interstate order was made or the South Australian order is enforceable (as the case may be). (4) Except where the complainant and the defendant both appear upon the hearing, the evidence of any witness who is examined at the hearing of any such application must be put into writing and must be read over to and signed by him or her. (5) While a South Australian order is enforceable in another Australian State under the law of that other Australian State, no application for the discharge, suspension, variation or revival of the order may be made in this State except in accordance with this section. 204—Discharge, suspension or variation of order made in absence of defendant (a) an application is made under section 203(1) by a defendant for the discharge, suspension or variation of an interstate order; and (b) the defendant did not appear at the hearing of the complaint upon which the original interstate order was made and was not served personally in the Australian State in which the order was made with the summons upon that complaint; and (c) the application is made within six months after service on the defendant of notice of registration of the order in this State, the defendant may, in addition to raising any matter that could have been raised on an application under section 144, raise any ground of opposition that he or she could have raised in the original proceedings. 205—Law to be applied In an application under section 203, the law to be applied will, except in matters of practice or procedure, be the law of the Australian State in which the original order was made. 206—Order of variation to be provisional only (1) Except as provided in subsection (2), an order made on an application under section 203 discharging, suspending, varying or reviving a maintenance order is provisional only and has no effect unless and until confirmed by a competent court of the appropriate Australian State in which the maintenance order was made or is enforceable, and must be expressed accordingly. (2) Where the respondent to an application under section 203 has been served personally in this State with notice of the application or appears on the hearing of the application, any order made on the application must recite that fact, and the order is, subject to section 200(4), enforceable and has effect in this State according to its tenor. (3) Where an order made on an application under section 203 is expressed to be provisional, a Registrar of the Magistrates Court must send a certified copy of the order, together with the depositions of the witnesses, to the Collector for the other Australian State. (4) Where an order referred to in subsection (3) has been confirmed (whether with or without modification) by a competent court of the other Australian State, the order is, subject to section 200(4), enforceable and has effect in this State as so confirmed. 207—Procedure where provisional order remitted by court of other Australian State (1) Where a provisional order made under this Subdivision is remitted by a court in another Australian State to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons in such manner as the court thinks fit, proceed to take the evidence, and must cause the depositions of the witnesses to be sent to the court in the other Australian State. (2) If, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead. 208—Confirmation in this State of provisional orders made in other Australian States (a) a certified copy of— (i) a provisional order made by a court in another Australian State discharging, suspending, varying or reviving a South Australian order enforceable in that other Australian State; or (ii) a provisional order made by a court in another Australian State discharging, suspending, varying or reviving an interstate order made in that Australian State and enforceable in this State by virtue of this Subdivision; and (b) the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made, the Collector must, on behalf of the party on whose application the provisional order was made in the other Australian State, apply to the Magistrates Court for an order confirming the provisional order. (2) The Collector must cause notice, in accordance with the prescribed form, of the application under this section to be served on the respondent to the application not less than seven days before the hearing of the application. (3) Upon the hearing of such an application, the court may— (a) confirm the provisional order, either with or without modification; or (b) discharge the provisional order. (4) Where a provisional order is confirmed under this section (whether with or without modification), the order as so confirmed is, subject to section 200(4), enforceable and has effect in this State as if it were an order validly made by the court in this State. (5) Each party to an application for confirmation of a provisional order under this section has the same right of appeal against an order confirming or discharging the provisional order as he or she would have had on the making of, or the refusal to make, the original order. 209—Proceedings for enforcement (1) Where an interstate order is enforceable in this State by virtue of this Subdivision— (a) all proceedings may be taken for the enforcement of the order; and (b) the provisions of this Part will, so far as they are applicable and with such modifications as are necessary, apply and have effect, as if it were a maintenance order made under this Part by the Magistrates Court. (2) The Collector may take any proceedings that are authorized by or by virtue of subsection (1). (3) Where proceedings are so taken by the Collector, the court will, unless it is satisfied by evidence to the contrary, presume that the enforcement of the order is required for the actual support of the person for whose benefit the order was made and that since the order became enforceable in this State no money has been paid under the order otherwise than to the Collector. Subdivision 3—Overseas maintenance 210—Transmission of maintenance orders made in this State for enforcement in reciprocating countries Where a South Australian order is enforceable in this State but not in any other Australian State and it appears to the Collector that the defendant is resident in, or proceeding to, a reciprocating country, the Collector may send to an appropriate authority in that reciprocating country— (a) three certified copies of the South Australian order; and (b) a Collector's certificate relating to the South Australian order; and (c) such information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and (d) a request in writing that the South Australian order be made enforceable in that reciprocating country. 211—Power to make provisional order against person resident in reciprocating country (1) This section applies to an application for a maintenance order under this Act— (a) against a person for the maintenance of the person's spouse; or (c) against a near relative of a child for the maintenance of that child. (2) Upon application made in writing in accordance with the prescribed form to the Magistrates Court for a maintenance order to which this section applies and upon proof that the person against whom the order is sought is resident in, or proceeding to, a reciprocating country, the court may, in the absence of that person, make any order it could have made if a summons had been duly served on that person and the person had failed to appear at the hearing. (3) An order made under subsection (2) is provisional only and has no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating country in which the defendant is resident at the time of that confirmation, and must be expressed accordingly. (4) The evidence of any witness who is examined on any such application must be put into writing and must be read over to and signed by him or her. (5) Where the court makes an order under subsection (2), a Registrar of the court must send to the Collector for transmission to the reciprocating country— (a) the depositions of the witnesses; and (b) three certified copies of the order; and (c) a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing. (6) Where any provisional order made under this section has come before a court in a reciprocating country for confirmation and the order has by that court been remitted to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and must send the depositions of the witnesses to the Collector for transmission to the court in the reciprocating country. (7) If, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, that court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead. (9) Where a court in a reciprocating country in which the defendant is for the time being resident confirms (either with or without modification) a provisional order made under this section, the order is enforceable and has effect in this State as so confirmed as if it were an order validly made under this Part by the Magistrates Court. (10) Where a court in a reciprocating country confirms (either with or without modification) a provisional order made under this section, then, in any proceedings arising out of or relating to the order, it will be presumed, unless the contrary is proved, that the defendant was resident in that reciprocating country at the time when the order was confirmed. (11) The applicant has the same right of appeal (if any) against a refusal to make a provisional order as he or she would have had against a refusal to make the order had a summons been duly served on the person against whom the order is sought. 212—Cancellation of registration (a) a South Australian order is, under the law of a reciprocating country, enforceable in that reciprocating country; and (b) the Collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that reciprocating country or it appears to the Collector that there is some other good reason why the order should no longer be enforceable in that reciprocating country, the Collector may send to an appropriate authority in that reciprocating country a request in writing that the order be made no longer enforceable in that reciprocating country and, for the purposes of this Act, the order will, upon the sending of the request, cease to be enforceable in that reciprocating country. 213—Registration of overseas orders (a) a certified copy of an overseas order; and (b) a certificate signed by an officer of a court or by an appropriate authority in the reciprocating country relating to the order and containing— (i) a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and (ii) a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned, the Collector must, subject to subsection (2), if it appears to the Collector that there are reasonable grounds for believing that the defendant is resident in or proceeding to this State, send those documents to the Magistrates Court with a request that the order be registered in that court. (2) In the case of an overseas order originating in a country having restricted reciprocity, the Collector must not send the documents as required by subsection (1) unless the Collector is satisfied that the order is a maintenance order of such a kind as can be made under this Part. (3) Upon a request being made under subsection (1), the order must be registered and a certified copy of the order and the certificate must be filed in the court. (4) An overseas order so registered is, until the registration is cancelled and subject to any order for its suspension, enforceable in this State, both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered. (5) Upon registration of an overseas order, the Collector must notify the officer of the court or other appropriate authority in the reciprocating country accordingly and cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State— (c) giving an address at which such payments may be made. 214—Confirmation of provisional orders made overseas (a) an overseas order (other than an order in an affiliation case or an order consequent upon such an order) has no effect under the law of the reciprocating country in which it is made unless and until confirmed by a court outside that reciprocating country (whether or not it appears from the order that it may be confirmed by a court in this State); and (b) a certified copy of the order and the depositions of the witnesses in the proceedings in which the order was made, together with a statement of the grounds on which the making of the order could have been opposed if the defendant had appeared at the hearing, have been received by the Collector; and (c) it appears to the Collector that— (i) there are reasonable grounds for believing that the defendant is resident in, or proceeding to, this State; and (ii) the order will have effect under the law of the reciprocating country if it is confirmed by a court in this State, a summons may, subject to subsection (2), on the application of the Collector, be issued by any justice calling upon the defendant to appear before the Magistrates Court to show cause why the provisional order should not be confirmed. (2) In the case of a provisional order made in a country having restricted reciprocity, the Collector must not make an application as provided by subsection (1) unless satisfied that the order is of such a kind (apart from its provisional nature) as could be made under this Part. (3) At the hearing the defendant may raise any ground of opposition which he or she could have raised in the original proceedings or any ground of opposition which he or she could have raised if those proceedings had been heard in this State, and the statement referred to in subsection (1) is conclusive evidence that the grounds referred to in that statement are grounds on which the making of the order might have been refused in the original proceedings. (4) If the defendant, having been served in this State with the summons, does not appear at the hearing, or if the defendant appears at the hearing but fails to satisfy the court that the order ought not to be confirmed, the court may confirm the provisional order (either with or without modification), but the court may, if it thinks it just to do so, discharge the provisional order. (5) Where a provisional order is confirmed under this section (whether with or without modification), the order as so confirmed is enforceable and has effect in this State as if it were an order validly made by the court in this State. 215—Order enforceable in this State may be sent to another Australian State (1) Where an overseas order is enforceable in this State under this Subdivision, and it appears to the Collector that there are reasonable grounds for believing that the defendant has ceased to reside in this State and is resident in, or proceeding to, another Australian State, the Collector may send to the Collector for that Australian State— (a) three certified copies of the overseas order; and (c) such information and material as the Collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and (d) a request in writing that the order be made enforceable in that Australian State, and if the Collector does so, the Collector must notify the officer of the appropriate court or the appropriate authority in the reciprocating country of the fact that he or she has so sent the documents. (2) Where a request is made under subsection (1)— (a) the order is unenforceable in this State, and, if the order has been registered in a court in this State, that registration will be taken to be cancelled; and (b) the order remains unenforceable in this State and no proceedings for its enforcement lie, unless and until it is registered, or again registered, in this State; and (c) a warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect. 216—Registration of overseas orders registered or confirmed in another Australian State (a) the Collector receives from the Collector for another Australian State— (i) three certified copies of an overseas order; and (ii) a Collector's certificate signed by the Collector for that Australian State relating to the order; and (iii) a request in writing that the order be made enforceable in this State; and (b) it appears from the Collector's certificate that— (i) the order has been registered in, or confirmed by, a court in that Australian State under a law of that Australian State corresponding with this Subdivision; and (ii) the order was, at the date of the certificate, presently enforceable in that Australian State in accordance with that law, the Collector must if it appears to him or her that there are reasonable grounds for believing that the defendant is residing in, or proceeding to, this State, send the documents to the Magistrates Court, with a request that the order be registered in that court. (2) Upon a request being made under subsection (1), the order must (whether or not it is of such a kind as could be made under this Part) be registered and a certified copy of the order and the certificate must be filed in the court. (3) An overseas order so registered is, until the registration is cancelled, enforceable in this State, both in respect of any arrears payable under the order and of amounts becoming due under the order after it is so registered. (4) Upon registration of an overseas order, the Collector must notify the officer of the appropriate court or the other appropriate authority in the reciprocating country accordingly, and must cause a certified copy of the order to be served upon the defendant, together with a notice of registration of the order in this State— (c) giving an address at which such payments may be made. 217—Transmission of documents where defendant not in this State Where the Collector receives documents relating to an overseas order (including a provisional order) that have been transmitted to this State for the purpose of having the order made enforceable or confirmed in this State and it appears to him or her that the defendant is not resident in, or proceeding to, this State but is resident in, or proceeding to another Australian State or a reciprocating country other than that in which the order was made, the Collector may, instead of taking steps with a view to the registration or confirmation of the order in this State— (a) transmit the documents to the Collector for that other Australian State or an appropriate authority in that other reciprocating country together with such information as the Collector possesses concerning the whereabouts and intended movements of the defendant; and (b) give to the officer of the appropriate court or other appropriate authority in the reciprocating country in which the order was made notice of the fact that the documents have been so transmitted. 218—Cancellation of registration (a) an overseas order is registered or confirmed under this Subdivision; and (b) the Collector receives a request in writing made by an officer of the Court that made the order or some other appropriate authority in the reciprocating country that the order be made no longer enforceable in this State, the Collector must send the request to the Magistrates Court, which must file the request and, if the order is registered under this Subdivision, cancel the registration of the order. (2) Where such a request has been so filed— (a) the overseas order is unenforceable in this State; and (b) the order remains unenforceable in this State unless and until it is registered, or again registered, in this State; and (c) a warrant or other process under this Act arising out of the order previously issued in this State and not executed ceases to have effect. 219—Proceedings for enforcement (1) Where an overseas order is enforceable in this State by virtue of this Subdivision— (a) all proceedings may be taken for the enforcement of the order; and (b) the provisions of this Part, so far as they are applicable and with such modifications as are necessary, apply and have effect, as if it were a maintenance order made under this Part. (2) The Collector may take any proceedings that are authorized by or by virtue of subsection (1). (3) Where proceedings are so taken by the Collector, the court will, unless it is satisfied by evidence to the contrary, presume that the enforcement of the order is required for the actual support of the person for whose benefit the order was made and that since the order became enforceable in this State no money has been paid under the order otherwise than to the Collector. 220—Defendant in this State may apply for order of variation (1) Where an overseas order is enforceable in this State by virtue of this Subdivision, the defendant may make an application in writing, in accordance with the prescribed form, to a the Magistrates Court for an order discharging, suspending or varying the overseas order, and that court has jurisdiction to hear and determine the application. (2) Where a South Australian order is enforceable under the law of a reciprocating country in which the defendant is for the time being resident, the complainant may make an application in writing, in accordance with the prescribed form, to the Magistrates Court for an order varying or (if the order has been suspended) reviving, the order. (3) The applicant must cause notice of an application under this section to be served personally or by post upon the Collector at the main office of the Department in Adelaide not less than 14 days before the hearing of the application. (4) The evidence of any witness who is examined at the hearing of any such application must be put into writing and must be read over to, and signed by, him or her. (5) The court must, as far as practicable, hear and determine an application under this section as if it were a similar application under Division 5. 221—Discharge, suspension or variation of order made in absence of defendant (a) an application is made by a defendant for the discharge, suspension or variation of an overseas order; and (b) the defendant did not appear at the hearing of the proceedings upon which the overseas order was made and was not served personally in the reciprocating country with notice of those proceedings; and (c) the application is made within six months after service on the defendant, of notice of registration of the order in this State, the defendant may, in addition to raising any matter that could have been raised on an application under section 144, raise any ground of opposition that he or she could have raised had the proceedings on which the overseas order was made been heard in this State. 222—Law to be applied In an application under section 220 the law to be applied is the law of this State. 223—Certain orders to be provisional only (1) Where the court proposes to make an order on an application under section 220 and any court in the reciprocating country will, if the order is provisional only, have jurisdiction to confirm the order, the order is provisional only and has no effect unless and until confirmed (either with or without modification) by such a court, and must be expressed accordingly. (2) Where a provisional order is made in accordance with this section, the Collector must send a certified copy of the provisional order, together with the depositions of the witnesses, to an officer of a court in the reciprocating country having jurisdiction to confirm the provisional order, or to an appropriate authority in that country for transmission to such court. (3) Where a court in the reciprocating country confirms (either with or without modification) a provisional order made on an application under section 220, the order is enforceable and has effect in this State as so confirmed. (4) Notwithstanding anything contained in this section, if a provisional order made on an application under section 220(2) is confirmed (either with or without modification) by a court of a reciprocating country (being a country other than the country specified in the order) in which the defendant is resident at the time of the confirmation, the order is enforceable and has effect in this State as so confirmed. 224—Procedure where provisional order remitted by court in reciprocating country (1) Where a provisional order made in accordance with section 223 is remitted by a court in a reciprocating country to the Magistrates Court, the Magistrates Court must, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and must send the depositions of the witnesses to the Collector for transmission to the court in the reciprocating country. (2) If, upon the taking of the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order in its stead. 225—Confirmation in this State of provisional orders of variation made in reciprocating countries (a) a certified copy of— (i) a provisional order made by a court of a reciprocating country discharging, suspending, varying or reviving a South Australian order enforceable in that reciprocating country; or (ii) a provisional order made by a court in a reciprocating country discharging, suspending, varying or reviving an overseas order made in that reciprocating country and enforceable in this State by virtue of this Subdivision; and (b) the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made, the Collector must, on behalf of the party on whose application the provisional order was made in the reciprocating country, apply to the Magistrates Court for an order confirming the provisional order. (2) The Collector must cause notice in accordance with the prescribed form of the application under this section to be served on the respondent to the application not less than seven days before the hearing of the application. (3) Upon the hearing of any such application, the court may— (a) confirm the provisional order (either with or without modification); or (b) discharge the provisional order; or (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order. (4) Where a provisional order is confirmed under this section (whether with or without modification) the order as so confirmed is enforceable and has effect in this State as if it were an order validly made by the court in this State. 226—Power of Governor to declare reciprocating countries (1) Where the Governor is satisfied that the law of a country makes provision for the enforcement in that country of maintenance orders made in another country and that under that law South Australian orders may be made enforceable in that country, the Governor may, by proclamation, declare that country to be a reciprocating country for the purposes of this Act. (2) If it appears to the Governor that the jurisdiction of the courts of a country specified, or to be specified, in a proclamation under subsection (1) to make maintenance orders extends to the making of orders that are not of the same kind as orders that may be made in this State under this Part, the Governor may, by the same or a subsequent proclamation, declare that that country has restricted reciprocity with this State. (3) In a proclamation made under subsection (1) or (2) the Governor may specify, in relation to the country to which the proclamation applies, a date, which may be before or after or the same day as the date of the proclamation, and declare that maintenance orders made in that country on or after that date are enforceable in this State in accordance with the provisions of this Act. (4) The Governor may, by proclamation, revoke or vary or further vary any proclamation made under subsection (1) or (2) or any corresponding previous enactment. (5) Where, by virtue of any proclamation made pursuant to this section, a country that has been a reciprocating country ceases to be a reciprocating country— (a) a maintenance order made in that country and enforceable in this State by virtue of this Subdivision ceases to be so enforceable and no further proceedings for its enforcement may lie; and (b) a warrant or other process under this Act arising out of any such order previously issued in this State and not executed ceases to have effect, but this subsection does not affect the validity of anything done under this Act for the enforcement of a maintenance order while that country was a reciprocating country. (6) At least once in every year the Collector must cause to be published in the Gazette a list of the names of the reciprocating countries, showing the respective dates upon which they became reciprocating countries, the dates, if any, on or after which maintenance orders made in those countries are enforceable in this State and indicating which of those countries are countries having restricted reciprocity. (7) A copy of the Gazette containing such a list will be accepted in any proceedings as evidence of the matters stated in the list and of the fact that a country shown in the list as a reciprocating country of either class continues to be a reciprocating country of that class. Subdivision 4—General 227—Payments to be made to Collector While a maintenance order is enforceable in this State under Subdivision 2 or Subdivision 3, all money directed by the order to be paid is payable and must be paid by the person against whom the order is made to the Collector, and the receipt of the Collector for any such money is a sufficient discharge of the liability of the person to pay that money in accordance with the order. 228—Collector to notify changes in orders enforceable in other Australian States or reciprocating countries Where the operation of a South Australian order enforceable in another Australian State or in a reciprocating country, or the operation of an interstate order or overseas order enforceable in this State, is affected by an order (other than a provisional order), event or other matter made, occurring or arising in this State of which the Collector has notice, the Collector must send to the Collector for the other Australian State, or to an appropriate authority in that reciprocating country, a certified copy of the order, or a notice in writing giving particulars of the event or other matter, by which the operation of the order has been so affected. 229—Collector to note changes in orders made or enforceable in South Australia (1) Where the Collector receives from the Collector for another Australian State or from an appropriate authority in a reciprocating country a certified copy of an order (other than a provisional order), or a notice in writing giving particulars of an event or other matter, made, occurring or arising in that other Australian State or in that reciprocating country and affecting, in a manner appearing from the certified copy or notice, the operation of a South Australian order enforceable in that other Australian State or in that reciprocating country, or of an interstate order or overseas order enforceable in this State under this Division, the Collector must— (a) file the certified copy or notice in the Magistrates Court; and (b) if the complainant or defendant is resident in this State, cause a copy of the certified copy or notice to be served on the complainant or defendant, as the case may require. (2) Where a certified copy or notice is filed in accordance with subsection (1) in relation to a maintenance order, the order, event or matter has the same effect in this State as it appears from the certified copy or notice to have in the other Australian State or reciprocating country. (3) This section does not apply in relation to an order made in a reciprocating country affecting a maintenance order in a manner adverse to the defendant unless it appears from the documents received by the Collector that the defendant appeared on the hearing of the proceedings in connection with which the first-mentioned order was made. 230—Conversion of currency (1) For the purposes of this Division, an overseas order (including a provisional order) or a certificate or notice originating in a reciprocating country, that refers to an amount of money (including an amount of arrears) expressed in the currency of a reciprocating country will be taken to refer to the amount that was the equivalent amount in Australian currency on the prescribed date on the basis of the telegraphic transfer rate of exchange that prevailed on that date. (2) For the purposes of this section, a certificate signed by the Collector, or the Collector for another Australian State, and purporting to be based on information obtained from an ADI, stating that a specified amount in Australian currency was, on a specified date, the equivalent of a specified amount in another currency on the basis of the telegraphic transfer rate of exchange prevailing on that date is evidence of the matter stated in the certificate. (3) Where a certificate of a Collector in accordance with subsection (2) has been filed in the Magistrates Court in relation to an order, certificate or notice, every copy of that order, certificate or notice served on any person must be accompanied by a copy of the first-mentioned certificate. (4) Where, under this Division, the Collector is required to remit an amount of money to a country outside the Commonwealth, the Collector must remit such amount in the currency of that country as he or she is able to remit by the expenditure of that first-mentioned amount. (5) In this section— the prescribed date means— (a) in relation to a maintenance order registered under this Division, or a certificate with respect to the arrears payable under a maintenance order sought to be so registered—the day upon which the order is registered; or (b) in relation to a provisional order confirmed under this Division—the day upon which the order is confirmed; or (c) in relation to an order or notice referred to in section 229(1)—the day upon which the certified copy of the order or the notice is filed in the court in accordance with that subsection. 231—Translation of orders and records Where a certified copy of an order of a court (including a provisional order), a record of the evidence of a witness or other document arising out of, or relating to, proceedings in a court outside the Commonwealth is not in the English language, it must not be used for the purpose of registering an order under this Division or received in evidence in the Magistrates Court in proceedings under this Division, unless it is accompanied by a translation of the document into the English language certified under the hand of an officer of the court outside the Commonwealth to be a correct translation, or bearing the seal of that court, and, where such a document is accompanied by such a translation— (a) the translation may be received in evidence to the same extent as the document of which it is a translation and will, unless the contrary is proved, be taken to be a correct translation; and (b) all notations made on the document must also be made on the translation; and (c) any copy of the document served on any person must be accompanied by a copy of the translation. 232—Certificate of payment of arrears In any proceedings under or for the purposes of this Division, a certificate purporting to be signed by the Collector or the Collector for another Australian State, or a similar officer of a reciprocating country in which a maintenance order was made or is enforceable, concerning amounts paid or unpaid under a maintenance order, is evidence of the facts stated in the certificate. 233—Evidentiary (1) For the purposes of this Division and in proceedings under or arising out of this Division, a document purporting to be— (a) a certified copy of an order (including a provisional order) of a court; or (b) the record, or a certified copy of the record, of the evidence of a witness in proceedings before a court; or (c) a certificate or notice of a kind referred to in this Division, will, unless the contrary is proved, be taken to be such a certified copy, record, certificate or notice, and must be admitted in evidence without proof of the signature of the person purporting to have signed it or of his or her official position. (2) The depositions of a witness in proceedings before a court in another Australian State or in a reciprocating country, received in this State for the purposes of this Act, are admissible in evidence in proceedings under this Act. 234—Service of documents (1) Except where the contrary intention appears in this Division, any document required or permitted by this Division to be served on a person must be served on that person personally. (2) A document required by section 201(4), 213(5), 216(4) or 229(1) to be served on a person may be served on that person— (a) personally; or (b) by sending a copy of it, by post, to that person's usual or last known place of residence or business. (3) A document that is required or permitted to be served on a person personally under this Division may be served on that person— (b) by leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business. 235—Audit The accounts of the Collector must, at least once in every year, be audited by the Auditor-General.