QLDIn ForceAct
Maintenance Act 1965
sec.75Provisional variation etc. in Queensland of interstate orders
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### sec.75 Provisional variation etc. in Queensland of interstate orders
Where an interstate order made by a court of summary jurisdiction, or by a magistrate or justices, is enforceable in Queensland by virtue of this division, an application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the court in Queensland for the place where payments under the order are required to be made for an order discharging, suspending, varying, or reviving the interstate order, and that court has jurisdiction to hear and determine the application.
Where a Queensland order made by a court of summary jurisdiction is enforceable in another Australian State by virtue of provisions corresponding with this division, an application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that other Australian State, for an order discharging, suspending, varying or reviving the Queensland order, and that court has jurisdiction to hear and determine the application.
The applicant shall cause notice of an application under this section to be served, not less than 14 days before the hearing of the application, upon the collector personally or by post and the collector shall, forthwith upon receipt by the collector of the notice, notify the collector for the Australian State in which the interstate order was made, or the Queensland order is enforceable, as the case may be, accordingly.
While a Queensland order is enforceable in another Australian State under the law of that other Australian State, no application for the discharge, suspension, variation, or revival of the order shall be made in Queensland except in accordance with this section.
(sec.75-ssec.1) Where an interstate order made by a court of summary jurisdiction, or by a magistrate or justices, is enforceable in Queensland by virtue of this division, an application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to the court in Queensland for the place where payments under the order are required to be made for an order discharging, suspending, varying, or reviving the interstate order, and that court has jurisdiction to hear and determine the application.
(sec.75-ssec.2) Where a Queensland order made by a court of summary jurisdiction is enforceable in another Australian State by virtue of provisions corresponding with this division, an application in writing in accordance with the prescribed form may be made by or on behalf of the complainant or the defendant to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that other Australian State, for an order discharging, suspending, varying or reviving the Queensland order, and that court has jurisdiction to hear and determine the application.
(sec.75-ssec.3) The applicant shall cause notice of an application under this section to be served, not less than 14 days before the hearing of the application, upon the collector personally or by post and the collector shall, forthwith upon receipt by the collector of the notice, notify the collector for the Australian State in which the interstate order was made, or the Queensland order is enforceable, as the case may be, accordingly.
(sec.75-ssec.4) While a Queensland order is enforceable in another Australian State under the law of that other Australian State, no application for the discharge, suspension, variation, or revival of the order shall be made in Queensland except in accordance with this section.