QLDIn ForceAct
Maintenance Act 1965
sec.85Registration of overseas order
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### sec.85 Registration of overseas order
Where the chief executive receives—
a certified copy of an overseas order; and
a certificate signed by an officer of a court or other authority in the reciprocating country relating to the order and containing—
a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and
a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned;
the chief executive shall, if it appears to the chief executive that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, Queensland, send the documents received by the chief executive to the collector.
In the case of an overseas order in the nature of an affiliation order, or an overseas order consequent upon such an order, the chief executive shall not send the documents relating to the order to the collector if it appears to the chief executive from those documents that the defendant did not appear in the proceedings on which the order was made or consent to the making of the order.
In the case of an overseas order originating in a country having restricted reciprocity, the chief executive shall not send the documents relating to the order to the collector unless the chief executive is satisfied that the order is a maintenance order of such a kind as can be made under part 2 .
Where the collector receives from the chief executive the documents referred to in subsection (1) , the collector shall send the documents to the clerk of such court in Queensland as the collector deems appropriate, with a request that the order be registered in that court.
Where a request is so made, the clerk of the court shall register the overseas order by filing in the court a certified copy of the order and the certificate relating thereto and noting the fact and date of the registration on that certified copy, and shall forthwith notify the collector of the fact of the registration.
An overseas order so registered is, until the registration is cancelled, enforceable in Queensland, both as regards any arrears payable under the order and as regards amounts becoming due under the order after it is so registered.
Upon registration of an overseas order—
the collector shall notify an officer of the court or other authority in the reciprocating country accordingly; and
the clerk of the court in which the order is registered shall cause a certified copy of the order to be served upon the defendant, together with a notice of the registration of the order in Queensland—
specifying the amount (if any) of the arrears due under the order; and
stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and
giving an address at which such payments may be made; and
all moneys due or becoming due under the order are payable to the clerk of the court for the place where the order is so registered.
s 85 amd 1990 No. 80 s 3 sch 6
(sec.85-ssec.1) Where the chief executive receives— a certified copy of an overseas order; and a certificate signed by an officer of a court or other authority in the reciprocating country relating to the order and containing— a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned; the chief executive shall, if it appears to the chief executive that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, Queensland, send the documents received by the chief executive to the collector.
(sec.85-ssec.2) In the case of an overseas order in the nature of an affiliation order, or an overseas order consequent upon such an order, the chief executive shall not send the documents relating to the order to the collector if it appears to the chief executive from those documents that the defendant did not appear in the proceedings on which the order was made or consent to the making of the order.
(sec.85-ssec.3) In the case of an overseas order originating in a country having restricted reciprocity, the chief executive shall not send the documents relating to the order to the collector unless the chief executive is satisfied that the order is a maintenance order of such a kind as can be made under part 2 .
(sec.85-ssec.4) Where the collector receives from the chief executive the documents referred to in subsection (1) , the collector shall send the documents to the clerk of such court in Queensland as the collector deems appropriate, with a request that the order be registered in that court.
(sec.85-ssec.5) Where a request is so made, the clerk of the court shall register the overseas order by filing in the court a certified copy of the order and the certificate relating thereto and noting the fact and date of the registration on that certified copy, and shall forthwith notify the collector of the fact of the registration.
(sec.85-ssec.6) An overseas order so registered is, until the registration is cancelled, enforceable in Queensland, both as regards any arrears payable under the order and as regards amounts becoming due under the order after it is so registered.
(sec.85-ssec.7) Upon registration of an overseas order— the collector shall notify an officer of the court or other authority in the reciprocating country accordingly; and the clerk of the court in which the order is registered shall cause a certified copy of the order to be served upon the defendant, together with a notice of the registration of the order in Queensland— specifying the amount (if any) of the arrears due under the order; and stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and giving an address at which such payments may be made; and all moneys due or becoming due under the order are payable to the clerk of the court for the place where the order is so registered.
- (a) a certified copy of an overseas order; and
- (b) a certificate signed by an officer of a court or other authority in the reciprocating country relating to the order and containing— (i) a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and (ii) a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned;
- (i) a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and
- (ii) a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned;
- (i) a statement that the order is, at the date of the certificate, enforceable in that reciprocating country; and
- (ii) a statement as to the amount of any arrears due under the order, distinguishing any amount in respect of which the defendant has been imprisoned;
- (a) the collector shall notify an officer of the court or other authority in the reciprocating country accordingly; and
- (b) the clerk of the court in which the order is registered shall cause a certified copy of the order to be served upon the defendant, together with a notice of the registration of the order in Queensland— (i) specifying the amount (if any) of the arrears due under the order; and (ii) stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and (iii) giving an address at which such payments may be made; and
- (i) specifying the amount (if any) of the arrears due under the order; and
- (ii) stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and
- (iii) giving an address at which such payments may be made; and
- (c) all moneys due or becoming due under the order are payable to the clerk of the court for the place where the order is so registered.
- (i) specifying the amount (if any) of the arrears due under the order; and
- (ii) stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and
- (iii) giving an address at which such payments may be made; and