sec.5Transitional

### sec.5 Transitional Where, immediately prior to the commencement of this Act, an order made under the Maintenance Act 1949 , was enforceable in Queensland under that Act, that order shall, on and from the commencement of this Act, and for all the purposes of this Act, be deemed to be an order made under part 2. Where, immediately prior to the commencement of this Act, an order for the payment of moneys made by a court in Queensland under any other Act was enforceable in Queensland under the Maintenance Act 1949 , that order shall, on and from the commencement of this Act, be enforceable under this Act as if it were an order made under part 2. Where, immediately prior to the commencement of part 4, division 2, an order was enforceable in Queensland under the Interstate Destitute Persons Relief Act 1914 , that order shall, on and from the commencement of that division, and for all the purposes of this Act, be deemed to be an order registered under that division in the court for the place where payments under the order were required to be made. Where— immediately prior to the commencement of part 4, division 3, an order made by a court of summary jurisdiction in England or Ireland, or in a State or country (not being an Australian State or a Territory) that was, immediately prior to the commencement of that division, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921 , and that is a reciprocating country under this Act, was enforceable in a court of summary jurisdiction in Queensland, that order shall, on and from the commencement of that division, and for all the purposes of this Act, be deemed to be an order registered or, as the case may require, confirmed, under that division; and immediately prior to the commencement of part 4, division 2, an order made by a court of summary jurisdiction in another Australian State or in a Territory was enforceable in Queensland under the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order shall, for the purposes of subsection (2), be deemed to be an order that was, immediately prior to the commencement of that division, an order enforceable in Queensland under the Interstate Destitute Persons Relief Act 1914 , and the provisions of that subsection shall apply to and with respect to every such order accordingly. Where, immediately prior to the commencement of part 4, division 3, an order was enforceable in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order continues to be enforceable in that court as if that Act had not been repealed and the provisions of that Act continue to apply in relation to that order accordingly. Where— immediately prior to the commencement of this Act, an order of the Supreme Court; or immediately prior to the commencement of part 4, division 3, an order registered in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act 1921 ; was enforceable in a court of summary jurisdiction in Queensland by reason of a direction given under the Matrimonial Causes Act 1864 , section 47A (1) or under the Guardianship and Custody of Infants Act 1891 , section 6B (1) that order shall— in the case of an order referred to in paragraph (a)—on and from the commencement of this Act be enforceable as if it were an order made under part 2 by the court for the place where payments under the order were, by virtue of the direction, required to be made; or in the case of an order referred to in paragraph (b)—on and from the commencement of part 4, division 3 be enforceable as if it were an order registered under that division in the court for the place where payments under the order were, by virtue of the direction, required to be made; but nothing in this Act contained shall prejudice the operation of the said section 47A or the said section 6B or the Maintenance Orders (Facilities for Enforcement) Act 1921 , as the case may be, with respect to the discharge, suspension or variation of the order or the substitution of a new order therefor. On and from the commencement of this Act, an order that was, immediately prior to the commencement of this Act, enforceable in a court of summary jurisdiction in Queensland under any of the following— the Interstate Destitute Persons Relief Act 1914 ; the Maintenance Orders (Facilities for Enforcement) Act 1921 ; the Matrimonial Causes Act 1864 ; the Guardianship and Custody of Infants Act 1891 ; the Matrimonial Causes Act 1959 (Cwlth); may be enforced in Queensland by any of the means provided for in part 3 and that part shall apply to and with respect to every such order accordingly. This Act shall apply to all complaints and applications made under any provision of this Act, whether the matter of the complaint or application arose before or after the commencement of that provision. For the purposes of this section, an order that is suspended for the time being shall be deemed to be an order that is enforceable. Where, immediately prior to the commencement of this Act, an order made under the Maintenance Act 1949 , was enforceable in any other Australian State, or any Territory or any other country, by virtue of any laws corresponding to the Interstate Destitute Persons Relief Act 1914 , or the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order shall, for the purposes of this section, be deemed to have been, immediately prior to the commencement of this Act, enforceable in Queensland. s 5 amd 2010 No. 42 s 214 sch (sec.5-ssec.1) Where, immediately prior to the commencement of this Act, an order made under the Maintenance Act 1949 , was enforceable in Queensland under that Act, that order shall, on and from the commencement of this Act, and for all the purposes of this Act, be deemed to be an order made under part 2. (sec.5-ssec.1A) Where, immediately prior to the commencement of this Act, an order for the payment of moneys made by a court in Queensland under any other Act was enforceable in Queensland under the Maintenance Act 1949 , that order shall, on and from the commencement of this Act, be enforceable under this Act as if it were an order made under part 2. (sec.5-ssec.2) Where, immediately prior to the commencement of part 4, division 2, an order was enforceable in Queensland under the Interstate Destitute Persons Relief Act 1914 , that order shall, on and from the commencement of that division, and for all the purposes of this Act, be deemed to be an order registered under that division in the court for the place where payments under the order were required to be made. (sec.5-ssec.3) Where— immediately prior to the commencement of part 4, division 3, an order made by a court of summary jurisdiction in England or Ireland, or in a State or country (not being an Australian State or a Territory) that was, immediately prior to the commencement of that division, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921 , and that is a reciprocating country under this Act, was enforceable in a court of summary jurisdiction in Queensland, that order shall, on and from the commencement of that division, and for all the purposes of this Act, be deemed to be an order registered or, as the case may require, confirmed, under that division; and immediately prior to the commencement of part 4, division 2, an order made by a court of summary jurisdiction in another Australian State or in a Territory was enforceable in Queensland under the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order shall, for the purposes of subsection (2), be deemed to be an order that was, immediately prior to the commencement of that division, an order enforceable in Queensland under the Interstate Destitute Persons Relief Act 1914 , and the provisions of that subsection shall apply to and with respect to every such order accordingly. (sec.5-ssec.4) Where, immediately prior to the commencement of part 4, division 3, an order was enforceable in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order continues to be enforceable in that court as if that Act had not been repealed and the provisions of that Act continue to apply in relation to that order accordingly. (sec.5-ssec.5) Where— immediately prior to the commencement of this Act, an order of the Supreme Court; or immediately prior to the commencement of part 4, division 3, an order registered in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act 1921 ; was enforceable in a court of summary jurisdiction in Queensland by reason of a direction given under the Matrimonial Causes Act 1864 , section 47A (1) or under the Guardianship and Custody of Infants Act 1891 , section 6B (1) that order shall— in the case of an order referred to in paragraph (a)—on and from the commencement of this Act be enforceable as if it were an order made under part 2 by the court for the place where payments under the order were, by virtue of the direction, required to be made; or in the case of an order referred to in paragraph (b)—on and from the commencement of part 4, division 3 be enforceable as if it were an order registered under that division in the court for the place where payments under the order were, by virtue of the direction, required to be made; but nothing in this Act contained shall prejudice the operation of the said section 47A or the said section 6B or the Maintenance Orders (Facilities for Enforcement) Act 1921 , as the case may be, with respect to the discharge, suspension or variation of the order or the substitution of a new order therefor. (sec.5-ssec.6) On and from the commencement of this Act, an order that was, immediately prior to the commencement of this Act, enforceable in a court of summary jurisdiction in Queensland under any of the following— the Interstate Destitute Persons Relief Act 1914 ; the Maintenance Orders (Facilities for Enforcement) Act 1921 ; the Matrimonial Causes Act 1864 ; the Guardianship and Custody of Infants Act 1891 ; the Matrimonial Causes Act 1959 (Cwlth); may be enforced in Queensland by any of the means provided for in part 3 and that part shall apply to and with respect to every such order accordingly. (sec.5-ssec.7) This Act shall apply to all complaints and applications made under any provision of this Act, whether the matter of the complaint or application arose before or after the commencement of that provision. (sec.5-ssec.8) For the purposes of this section, an order that is suspended for the time being shall be deemed to be an order that is enforceable. (sec.5-ssec.9) Where, immediately prior to the commencement of this Act, an order made under the Maintenance Act 1949 , was enforceable in any other Australian State, or any Territory or any other country, by virtue of any laws corresponding to the Interstate Destitute Persons Relief Act 1914 , or the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order shall, for the purposes of this section, be deemed to have been, immediately prior to the commencement of this Act, enforceable in Queensland. - (a) immediately prior to the commencement of part 4, division 3, an order made by a court of summary jurisdiction in England or Ireland, or in a State or country (not being an Australian State or a Territory) that was, immediately prior to the commencement of that division, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921 , and that is a reciprocating country under this Act, was enforceable in a court of summary jurisdiction in Queensland, that order shall, on and from the commencement of that division, and for all the purposes of this Act, be deemed to be an order registered or, as the case may require, confirmed, under that division; and - (b) immediately prior to the commencement of part 4, division 2, an order made by a court of summary jurisdiction in another Australian State or in a Territory was enforceable in Queensland under the Maintenance Orders (Facilities for Enforcement) Act 1921 , that order shall, for the purposes of subsection (2), be deemed to be an order that was, immediately prior to the commencement of that division, an order enforceable in Queensland under the Interstate Destitute Persons Relief Act 1914 , and the provisions of that subsection shall apply to and with respect to every such order accordingly. - (a) immediately prior to the commencement of this Act, an order of the Supreme Court; or - (b) immediately prior to the commencement of part 4, division 3, an order registered in the Supreme Court under the Maintenance Orders (Facilities for Enforcement) Act 1921 ; - (c) in the case of an order referred to in paragraph (a)—on and from the commencement of this Act be enforceable as if it were an order made under part 2 by the court for the place where payments under the order were, by virtue of the direction, required to be made; or - (d) in the case of an order referred to in paragraph (b)—on and from the commencement of part 4, division 3 be enforceable as if it were an order registered under that division in the court for the place where payments under the order were, by virtue of the direction, required to be made; - (a) the Interstate Destitute Persons Relief Act 1914 ; - (b) the Maintenance Orders (Facilities for Enforcement) Act 1921 ; - (c) the Matrimonial Causes Act 1864 ; - (d) the Guardianship and Custody of Infants Act 1891 ; - (e) the Matrimonial Causes Act 1959 (Cwlth);