QLDIn ForceAct
Maintenance Act 1965
sec.84Cancellation of registration
Start here
Get a plain-English read of sec.84
Turn the raw legal text into a practical explanation grounded in Maintenance Act 1965.
### sec.84 Cancellation of registration
Where—
a Queensland order is, under the law of a reciprocating country, enforceable in that reciprocating country; and
the collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that reciprocating country, or it appears to the collector that there is some other good reason why the order should no longer be enforceable in that reciprocating country;
the chief executive may, at the request of the collector, send, or cause to be sent, to an appropriate authority in that reciprocating country a request in writing that the order be made no longer enforceable in that reciprocating country and, for the purposes of this Act, the order shall, upon the sending of the request of the chief executive, be deemed to cease to be enforceable in that reciprocating country.
The fact that a Queensland order has ceased to be enforceable in a reciprocating country by reason of action taken in that reciprocating country as a result of a request made by the chief executive under subsection (1) does not prevent a further request under section 82 that the order be again made enforceable in that reciprocating country.
Where a Queensland order is, in pursuance of a request made by the chief executive under section 82 , made enforceable in a reciprocating country—
the order ceases to be enforceable in Queensland and remains unenforceable in Queensland so long as it is enforceable in that reciprocating country; 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.
s 84 amd 1990 No. 80 s 3 sch 6
(sec.84-ssec.1) Where— a Queensland order is, under the law of a reciprocating country, enforceable in that reciprocating country; and the collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that reciprocating country, or it appears to the collector that there is some other good reason why the order should no longer be enforceable in that reciprocating country; the chief executive may, at the request of the collector, send, or cause to be sent, to an appropriate authority in that reciprocating country a request in writing that the order be made no longer enforceable in that reciprocating country and, for the purposes of this Act, the order shall, upon the sending of the request of the chief executive, be deemed to cease to be enforceable in that reciprocating country.
(sec.84-ssec.2) The fact that a Queensland order has ceased to be enforceable in a reciprocating country by reason of action taken in that reciprocating country as a result of a request made by the chief executive under subsection (1) does not prevent a further request under section 82 that the order be again made enforceable in that reciprocating country.
(sec.84-ssec.3) Where a Queensland order is, in pursuance of a request made by the chief executive under section 82 , made enforceable in a reciprocating country— the order ceases to be enforceable in Queensland and remains unenforceable in Queensland so long as it is enforceable in that reciprocating country; 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) a Queensland order is, under the law of a reciprocating country, enforceable in that reciprocating country; and
- (b) the collector is satisfied that there are reasonable grounds for believing that the defendant is not resident in, or proceeding to, that reciprocating country, or it appears to the collector that there is some other good reason why the order should no longer be enforceable in that reciprocating country;
- (a) the order ceases to be enforceable in Queensland and remains unenforceable in Queensland so long as it is enforceable in that reciprocating country; and
- (b) every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.