QLDIn ForceAct
Maintenance Act 1965
sec.102Collector to note changes in orders made or enforceable in Queensland
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### sec.102 Collector to note changes in orders made or enforceable in Queensland
Where the collector receives from the collector for another Australian State or from an appropriate officer 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 Queensland order enforceable in that other Australian State or in that reciprocating country, or of an interstate order or overseas order enforceable in Queensland under this part—
the collector shall forward the certified copy or notice to the clerk of the court for the place in Queensland where payments under the order are or, had the Queensland order not been made enforceable in that other Australian State or in that reciprocating country, would be required to be made; and
the clerk of the court to whom the certified copy or notice is so forwarded shall—
file the certified copy or notice in the court; and
if the complainant or defendant is resident in Queensland, cause a copy of the order or notice to be served on the complainant or defendant, as the case may be.
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 like effect in Queensland as it appears from the certified copy or notice to have in that other Australian State or reciprocating country.
Subsections (1) and (2) do 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.
(sec.102-ssec.1) Where the collector receives from the collector for another Australian State or from an appropriate officer 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 Queensland order enforceable in that other Australian State or in that reciprocating country, or of an interstate order or overseas order enforceable in Queensland under this part— the collector shall forward the certified copy or notice to the clerk of the court for the place in Queensland where payments under the order are or, had the Queensland order not been made enforceable in that other Australian State or in that reciprocating country, would be required to be made; and the clerk of the court to whom the certified copy or notice is so forwarded shall— file the certified copy or notice in the court; and if the complainant or defendant is resident in Queensland, cause a copy of the order or notice to be served on the complainant or defendant, as the case may be.
(sec.102-ssec.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 like effect in Queensland as it appears from the certified copy or notice to have in that other Australian State or reciprocating country.
(sec.102-ssec.3) Subsections (1) and (2) do 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.
- (a) the collector shall forward the certified copy or notice to the clerk of the court for the place in Queensland where payments under the order are or, had the Queensland order not been made enforceable in that other Australian State or in that reciprocating country, would be required to be made; and
- (b) the clerk of the court to whom the certified copy or notice is so forwarded shall— (i) file the certified copy or notice in the court; and (ii) if the complainant or defendant is resident in Queensland, cause a copy of the order or notice to be served on the complainant or defendant, as the case may be.
- (i) file the certified copy or notice in the court; and
- (ii) if the complainant or defendant is resident in Queensland, cause a copy of the order or notice to be served on the complainant or defendant, as the case may be.
- (i) file the certified copy or notice in the court; and
- (ii) if the complainant or defendant is resident in Queensland, cause a copy of the order or notice to be served on the complainant or defendant, as the case may be.