QLDIn ForceAct
Maintenance Act 1965
sec.82Transmission of maintenance orders made in Queensland for enforcement in reciprocating countries
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### sec.82 Transmission of maintenance orders made in Queensland for enforcement in reciprocating countries
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, a reciprocating country, the collector may send to the chief executive—
3 certified copies of the Queensland order; and
a collector’s certificate relating to the Queensland 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 chief executive should seek to have the Queensland order made enforceable in that reciprocating country;
and the chief executive shall, on receipt of those documents, transmit the documents referred to in paragraphs (a) to (c) to the reciprocating country concerned, or cause those documents to be so transmitted, with a request in writing that the Queensland order be made enforceable in that reciprocating country.
This section does not apply in relation to an order under section 14 , 16 , 17 , 18 , 19 or 20 , or under any corresponding previous enactment, where the order relates to a child whose parents were not married to each other at the time of its conception and have not since married each other or to the mother of such a child unless the defendant appeared in the proceedings in which his paternity of the child was held to be established, or was duly served with a summons to appear in those proceedings, or consented to the making of the order in those proceedings.
s 82 amd 1978 No. 30 s 14 (1) sch ; 1989 No. 103 s 3 sch ; 1990 No. 80 s 3 sch 6
(sec.82-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, a reciprocating country, the collector may send to the chief executive— 3 certified copies of the Queensland order; and a collector’s certificate relating to the Queensland 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 chief executive should seek to have the Queensland order made enforceable in that reciprocating country; and the chief executive shall, on receipt of those documents, transmit the documents referred to in paragraphs (a) to (c) to the reciprocating country concerned, or cause those documents to be so transmitted, with a request in writing that the Queensland order be made enforceable in that reciprocating country.
(sec.82-ssec.2) This section does not apply in relation to an order under section 14 , 16 , 17 , 18 , 19 or 20 , or under any corresponding previous enactment, where the order relates to a child whose parents were not married to each other at the time of its conception and have not since married each other or to the mother of such a child unless the defendant appeared in the proceedings in which his paternity of the child was held to be established, or was duly served with a summons to appear in those proceedings, or consented to the making of the order in those proceedings.
- (a) 3 certified copies of the Queensland order; and
- (b) a collector’s certificate relating to the Queensland 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 chief executive should seek to have the Queensland order made enforceable in that reciprocating country;