QLDIn ForceAct
Maintenance Act 1965
sec.72Transmission of Queensland orders for enforcement in other States
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### sec.72 Transmission of Queensland orders for enforcement in other States
Where a Queensland order is presently enforceable in Queensland under this Act but is not presently enforceable 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—
3 certified copies of the order; and
a collector’s certificate relating to the order; and
such information and material as the collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and
a request in writing that the order be made enforceable in that other Australian State.
Where—
a Queensland order is, under the law of another Australian State, enforceable in that other Australian State; and
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;
the collector 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 shall, upon the sending of the request, be deemed to cease to be enforceable in that other Australian State.
The fact that a Queensland 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.
Where a Queensland order is, in pursuance of a request under subsection (1) , made enforceable in another Australian State—
the order ceases to be enforceable in Queensland; and
the order remains unenforceable in Queensland unless and until it ceases to be enforceable in that other Australian State; and
every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.
(sec.72-ssec.1) Where a Queensland order is presently enforceable in Queensland under this Act but is not presently enforceable 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— 3 certified copies of the order; and a collector’s certificate relating to the order; and such information and material as the collector possesses for facilitating the identification, and ascertaining the whereabouts, of the defendant; and a request in writing that the order be made enforceable in that other Australian State.
(sec.72-ssec.2) Where— a Queensland order is, under the law of another Australian State, enforceable in that other Australian State; and 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; the collector 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 shall, upon the sending of the request, be deemed to cease to be enforceable in that other Australian State.
(sec.72-ssec.3) The fact that a Queensland 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.
(sec.72-ssec.4) Where a Queensland order is, in pursuance of a request under subsection (1) , made enforceable in another Australian State— the order ceases to be enforceable in Queensland; and the order remains unenforceable in Queensland unless and until it ceases to be enforceable in that other Australian State; and every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.
- (a) 3 certified copies of the order; and
- (b) a collector’s certificate relating to 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.
- (a) a Queensland 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;
- (a) the order ceases to be enforceable in Queensland; and
- (b) the order remains unenforceable in Queensland unless and until it ceases to be enforceable in that other Australian State; and
- (c) every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.