QLDIn ForceAct
Maintenance Act 1965
sec.67Interpretation
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### sec.67 Interpretation
In this part—
another Australian State means an Australian State other than Queensland.
Australian State means a State or Territory.
certified copy —
in relation to a maintenance order or other order of a court (not being an order made under the Family Law Act 1975 (Cwlth) —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; and
in relation to a maintenance order or other order made under the Family Law Act 1975 (Cwlth) —a certificate of the order 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; and
in relation to a record of the evidence of a witness in proceedings before a court—a copy of the record certified to be a true copy by an officer of that court.
collector means—
in relation to Queensland—the collector of maintenance, the deputy collector of maintenance, or an assistant collector of maintenance appointed under this division; and
in relation to another Australian State—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 division.
collector’s certificate means—
in relation to a Queensland order, or an overseas order enforceable in Queensland—a certificate in or to the effect of the prescribed form signed by the collector; and
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—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 part.
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 section 98 to have restricted reciprocity with Queensland.
court , in relation to any order made or to be made, or any act, matter or thing done or to be done in any place outside Queensland, means a court or magistrate, or a justice or justices, or any other person or persons, exercising judicial powers in that place.
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.
Department ...
s 67 def Department ins 1990 No. 80 s 3 sch 6
om 28 November 1995 RA s 39
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.
Director-General ...
s 67 def Director-General ins 1990 No. 80 s 3 sch 6
om 28 November 1995 RA s 39
interstate order means a maintenance order—
made in another Australian State by a court of summary jurisdiction or by a magistrate or justices; or
made by the Supreme Court of another Australian State (whether under the law of that Australian State or under a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in that Australian State under a law of that Australian State or under a law of the Commonwealth.
s 67 def interstate order amd 2010 No. 42 s 214 sch
justice , in relation to the exercise or discharge of any power or function, means a justice of the peace authorised to exercise or discharge that power or function in accordance with the law of the place where it is exercised or discharged.
maintenance order means an order (whether made before or after the commencement of this Act and whether made in Queensland or elsewhere) being—
an order whereby a person is ordered to pay money, whether in 1 sum or by instalments, or to pay sums of money periodically, for or towards the maintenance of another person or by way of recoupment of moneys spent in, or provided for the maintenance of another person; or
an order made under, or of a kind similar to an order made under section 16 , 18 , 19 or 20 ;
and, if such an order has been varied, includes the order as so varied and all orders (wherever made) by which it has been varied, and includes an order for the payment of costs in any proceedings in which an order referred to in paragraph (a) or (b) was made.
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—
in the case where in a proclamation under section 98 declaring that country to be a reciprocating country it is also declared that maintenance orders made in that country shall be enforceable in Queensland in accordance with the provisions of division 3 as on and 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; and
in any other case—a maintenance order made in that country by a court of competent jurisdiction whether before or after the making of the proclamation.
Queensland order means a maintenance order—
made in Queensland by a court of summary jurisdiction; or
made by the Supreme Court (whether under the law of Queensland or under a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in Queensland under a law of Queensland or under a law of the Commonwealth.
reciprocating country means a country that is for the time being declared by a proclamation in force under section 98 to be a reciprocating country for the purposes of this part.
s 67 def reciprocating country amd 1990 No. 80 s 3 sch 6
Under Secretary ...
s 67 def Under Secretary om 1990 No. 80 s 3 sch 6
A reference in this part to a certified copy of an order shall, where the order has been varied or otherwise affected by a provisional order of 1 court that has effect by virtue of the fact that it has been confirmed (whether with or without modification) by another court, be read as including a reference to both a certified copy of the provisional order and a certified copy of the confirming order.
A reference in this part 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 firstmentioned court.
For the purposes of this part, where a person is working in a place, whether temporarily or permanently, the person shall be deemed to be resident in that place, as well as in the place where the person is in fact resident.
(sec.67-ssec.1) In this part— another Australian State means an Australian State other than Queensland. Australian State means a State or Territory. certified copy — in relation to a maintenance order or other order of a court (not being an order made under the Family Law Act 1975 (Cwlth) —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; and in relation to a maintenance order or other order made under the Family Law Act 1975 (Cwlth) —a certificate of the order 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; and in relation to a record of the evidence of a witness in proceedings before a court—a copy of the record certified to be a true copy by an officer of that court. collector means— in relation to Queensland—the collector of maintenance, the deputy collector of maintenance, or an assistant collector of maintenance appointed under this division; and in relation to another Australian State—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 division. collector’s certificate means— in relation to a Queensland order, or an overseas order enforceable in Queensland—a certificate in or to the effect of the prescribed form signed by the collector; and 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—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 part. 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 section 98 to have restricted reciprocity with Queensland. court , in relation to any order made or to be made, or any act, matter or thing done or to be done in any place outside Queensland, means a court or magistrate, or a justice or justices, or any other person or persons, exercising judicial powers in that place. 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. Department ... s 67 def Department ins 1990 No. 80 s 3 sch 6 om 28 November 1995 RA s 39 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. Director-General ... s 67 def Director-General ins 1990 No. 80 s 3 sch 6 om 28 November 1995 RA s 39 interstate order means a maintenance order— made in another Australian State by a court of summary jurisdiction or by a magistrate or justices; or made by the Supreme Court of another Australian State (whether under the law of that Australian State or under a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in that Australian State under a law of that Australian State or under a law of the Commonwealth. s 67 def interstate order amd 2010 No. 42 s 214 sch justice , in relation to the exercise or discharge of any power or function, means a justice of the peace authorised to exercise or discharge that power or function in accordance with the law of the place where it is exercised or discharged. maintenance order means an order (whether made before or after the commencement of this Act and whether made in Queensland or elsewhere) being— an order whereby a person is ordered to pay money, whether in 1 sum or by instalments, or to pay sums of money periodically, for or towards the maintenance of another person or by way of recoupment of moneys spent in, or provided for the maintenance of another person; or an order made under, or of a kind similar to an order made under section 16 , 18 , 19 or 20 ; and, if such an order has been varied, includes the order as so varied and all orders (wherever made) by which it has been varied, and includes an order for the payment of costs in any proceedings in which an order referred to in paragraph (a) or (b) was made. 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— in the case where in a proclamation under section 98 declaring that country to be a reciprocating country it is also declared that maintenance orders made in that country shall be enforceable in Queensland in accordance with the provisions of division 3 as on and 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; and in any other case—a maintenance order made in that country by a court of competent jurisdiction whether before or after the making of the proclamation. Queensland order means a maintenance order— made in Queensland by a court of summary jurisdiction; or made by the Supreme Court (whether under the law of Queensland or under a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in Queensland under a law of Queensland or under a law of the Commonwealth. reciprocating country means a country that is for the time being declared by a proclamation in force under section 98 to be a reciprocating country for the purposes of this part. s 67 def reciprocating country amd 1990 No. 80 s 3 sch 6 Under Secretary ... s 67 def Under Secretary om 1990 No. 80 s 3 sch 6
(sec.67-ssec.2) A reference in this part to a certified copy of an order shall, where the order has been varied or otherwise affected by a provisional order of 1 court that has effect by virtue of the fact that it has been confirmed (whether with or without modification) by another court, be read as including a reference to both a certified copy of the provisional order and a certified copy of the confirming order.
(sec.67-ssec.3) A reference in this part 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 firstmentioned court.
(sec.67-ssec.4) For the purposes of this part, where a person is working in a place, whether temporarily or permanently, the person shall be deemed to be resident in that place, as well as in the place where the person is in fact resident.
- (a) in relation to a maintenance order or other order of a court (not being an order made under the Family Law Act 1975 (Cwlth) —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; and
- (b) in relation to a maintenance order or other order made under the Family Law Act 1975 (Cwlth) —a certificate of the order 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; and
- (c) in relation to a record of the evidence of a witness in proceedings before a court—a copy of the record certified to be a true copy by an officer of that court.
- (a) in relation to Queensland—the collector of maintenance, the deputy collector of maintenance, or an assistant collector of maintenance appointed under this division; and
- (b) in relation to another Australian State—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 division.
- (a) in relation to a Queensland order, or an overseas order enforceable in Queensland—a certificate in or to the effect of the prescribed form signed by the collector; and
- (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—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 part.
- (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 a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in that Australian State under a law of that Australian State or under a law of the Commonwealth.
- (a) an order whereby a person is ordered to pay money, whether in 1 sum or by instalments, or to pay sums of money periodically, for or towards the maintenance of another person or by way of recoupment of moneys spent in, or provided for the maintenance of another person; or
- (b) an order made under, or of a kind similar to an order made under section 16 , 18 , 19 or 20 ;
- (a) in the case where in a proclamation under section 98 declaring that country to be a reciprocating country it is also declared that maintenance orders made in that country shall be enforceable in Queensland in accordance with the provisions of division 3 as on and 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; and
- (b) in any other case—a maintenance order made in that country by a court of competent jurisdiction whether before or after the making of the proclamation.
- (a) made in Queensland by a court of summary jurisdiction; or
- (b) made by the Supreme Court (whether under the law of Queensland or under a law of the Commonwealth) and registered, for the purposes of enforcement, in a court of summary jurisdiction in Queensland under a law of Queensland or under a law of the Commonwealth.