QLDIn ForceAct
Maintenance Act 1965
sec.87Order enforceable in Queensland may be sent to another Australian State
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### sec.87 Order enforceable in Queensland may be sent to another Australian State
Where an overseas order is enforceable in Queensland under this division, and it appears to the collector that there are reasonable grounds for believing that the defendant has ceased to reside in Queensland and is resident in, or proceeding to, another Australian State, the collector may send to the collector for that Australian State—
3 certified copies of the overseas order; and
a collector’s certificate relating to the 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 order be made enforceable in that Australian State;
and, if the collector does so, shall forthwith notify an appropriate officer in the reciprocating country of the fact that the collector has so sent the documents.
Where a request is made under subsection (1) —
the order ceases to be enforceable in Queensland, and, if the order has been registered in a court in Queensland, that registration shall be deemed to be cancelled; and
the order remains unenforceable in Queensland unless and until it is registered, or again registered, in Queensland; 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.
(sec.87-ssec.1) Where an overseas order is enforceable in Queensland under this division, and it appears to the collector that there are reasonable grounds for believing that the defendant has ceased to reside in Queensland and is resident in, or proceeding to, another Australian State, the collector may send to the collector for that Australian State— 3 certified copies of the overseas order; and a collector’s certificate relating to the 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 order be made enforceable in that Australian State; and, if the collector does so, shall forthwith notify an appropriate officer in the reciprocating country of the fact that the collector has so sent the documents.
(sec.87-ssec.2) Where a request is made under subsection (1) — the order ceases to be enforceable in Queensland, and, if the order has been registered in a court in Queensland, that registration shall be deemed to be cancelled; and the order remains unenforceable in Queensland unless and until it is registered, or again registered, in Queensland; 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) 3 certified copies of the overseas order; and
- (b) a collector’s certificate relating to the 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 order be made enforceable in that Australian State;
- (a) the order ceases to be enforceable in Queensland, and, if the order has been registered in a court in Queensland, that registration shall be deemed to be cancelled; and
- (b) the order remains unenforceable in Queensland unless and until it is registered, or again registered, in Queensland; and
- (c) every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.