18Interstate enforcement of affiliation and similar orders

#### 18 Interstate enforcement of affiliation and similar orders (1) This regulation applies to orders to which section 109 of the Act applies. (2) A reference in this regulation to an order made by a court shall 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. (3) For the purposes of this regulation, a person working in a place, whether temporarily or permanently, shall be deemed to be resident in that place as well as in the place in which he or she is in fact resident. (4) Where an order to which this regulation applies is still in force and it appears that the person against whom the order has been made is resident in, or proceeding to, a State or Territory, other than the State or Territory in which the order was made, the relevant Registrar of the court in the State or Territory in which the order was made may, of his or her own motion, or on the application of a person for whose benefit the order was made, send to a court having jurisdiction under the Act in that other State or Territory: (a) 3 certified copies of the order; (b) a certificate setting out the amounts payable and remaining unpaid under the order; (c) such information and material (if any) as the relevant Registrar possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and (d) a request in writing that the order be made enforceable in that State or Territory. (5) Where the relevant Registrar of a court receives the documents referred to in subregulation (4), the relevant Registrar of that court shall, if there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to the area over which the court has jurisdiction, register the order by filing in the court a certified copy of the order and certificate and noting the fact and date of the registration on that certified copy. (6) An order registered under subregulation (5) is, until the registration is cancelled, enforceable in the court in which the certified copy of the order is filed both with respect to any moneys or arrears presently payable under the order and with respect to amounts becoming due under the order after it is so registered as if it were an order made under the Act. (7) Upon registration under subregulation (5) of an order, the relevant Registrar of the court shall: (a) notify the relevant Registrar of the requesting court of the registration; and (b) cause a certified copy of the order to be served upon the person against whom the order has been made, together with a notice of registration of the order in the court specifying: (i) the amount, if any, (including arrears) due under the order; and (ii) the person, authority or court to whom or to which money payable under the order is to be paid. (8) Service of the documents may be effected by: (a) delivering the documents to the person personally; or (b) sending the documents by prepaid post to the person at the person’s last known address; or (c) posting, faxing or delivering the documents to the person at the person’s address for service within the meaning of the applicable Rules of Court. (8A) Documents served under paragraph 8(b) must be accompanied by a form of acknowledgment of service for completion by the person served. (9) Where an order has been registered in a court in accordance with this regulation and there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in the State or Territory in which the order has been registered but is or is about to be resident in another State or Territory, the relevant Registrar of the court in which the order has been registered shall forthwith notify the relevant Registrar of the court in which the order was made accordingly and shall give to that relevant Registrar such information as the relevant Registrar of the first‑mentioned court possesses concerning the whereabouts and intended movements of that person. (10) Where: (a) an order has been registered in accordance with this regulation; and (b) the relevant Registrar of a court receives from the requesting court a request in writing that the order be no longer enforced; the relevant Registrar shall cancel the registration by noting the fact and date of the cancellation on the certified copy of the order filed in the court. (11) Upon the cancellation of the registration of an order: (a) the order ceases to be enforceable by the court in which it has been registered; (b) the order remains unenforceable by that court unless and until it is again registered in that court; and (c) every warrant or other process arising out of the registration of the order ceases to have force or effect. (12) Where: (a) an order to which this regulation applies made by a court in a State or Territory was, before the commencement of the Act, registered in a court in another State or Territory (being a court that has jurisdiction under the Act); and (b) the registration had not been cancelled before the commencement of this subregulation; subregulations (6), (9), (10) and (11) apply in relation to that order as if it were an order registered in the last‑mentioned court in accordance with this regulation.