QLDIn ForceAct
Maintenance Act 1965
sec.78Order of variation etc. to be provisional only
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### sec.78 Order of variation etc. to be provisional only
Except as provided in subsection (2) , an order made on an application under section 75 discharging, suspending, varying, or reviving a maintenance order shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by a competent court of the Australian State in which the maintenance order was made or is enforceable, and shall be expressed accordingly.
Where the respondent to the application has been personally served in Queensland with notice of the application, or appears on the hearing of the application, any order made on the application shall recite that fact, and the order has effect forthwith in Queensland.
Where an order made on an application under section 75 is expressed to be provisional, the clerk of the court that made the provisional order shall send a certified copy of the order, together with the depositions of the witnesses, to the collector for transmission to the collector for the other Australian State.
Where an order referred to in subsection (3) has been confirmed (whether with or without modification) by a competent court of the other Australian State, the order has effect in Queensland as so confirmed.
(sec.78-ssec.1) Except as provided in subsection (2) , an order made on an application under section 75 discharging, suspending, varying, or reviving a maintenance order shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by a competent court of the Australian State in which the maintenance order was made or is enforceable, and shall be expressed accordingly.
(sec.78-ssec.2) Where the respondent to the application has been personally served in Queensland with notice of the application, or appears on the hearing of the application, any order made on the application shall recite that fact, and the order has effect forthwith in Queensland.
(sec.78-ssec.3) Where an order made on an application under section 75 is expressed to be provisional, the clerk of the court that made the provisional order shall send a certified copy of the order, together with the depositions of the witnesses, to the collector for transmission to the collector for the other Australian State.
(sec.78-ssec.4) Where an order referred to in subsection (3) has been confirmed (whether with or without modification) by a competent court of the other Australian State, the order has effect in Queensland as so confirmed.