sec.97Confirmation in Queensland of provisional orders of variations etc. made in reciprocating countries

### sec.97 Confirmation in Queensland of provisional orders of variations etc. made in reciprocating countries Where the collector receives— a certified copy of— a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving a Queensland order made by a court of summary jurisdiction and enforceable in that reciprocating country; or a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving an overseas order made in that reciprocating country and enforceable in Queensland by virtue of this division; and the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made; the collector shall, on behalf of the party on whose application the provisional order was made in the reciprocating country, make or cause to be made an application— in the case of an order referred to in paragraph (a) (i) —to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that reciprocating country; or in the case of an order referred to in paragraph (a) (ii) —to the court in Queensland for the place where payments under the order are required to be made; for an order confirming the provisional order. The collector shall cause notice, in accordance with the prescribed form, of the application under this section to be served on the respondent to the application not less than 7 days before the hearing of the application. Upon the hearing of such an application, the court may— confirm the provisional order (either with or without modification); or discharge the provisional order; or adjourn the proceedings and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order. Where a provisional order is confirmed under this section (whether with or without modification) the order as so confirmed has effect in Queensland as if it were an order to the like effect made by the court in Queensland. (sec.97-ssec.1) Where the collector receives— a certified copy of— a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving a Queensland order made by a court of summary jurisdiction and enforceable in that reciprocating country; or a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving an overseas order made in that reciprocating country and enforceable in Queensland by virtue of this division; and the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made; the collector shall, on behalf of the party on whose application the provisional order was made in the reciprocating country, make or cause to be made an application— in the case of an order referred to in paragraph (a) (i) —to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that reciprocating country; or in the case of an order referred to in paragraph (a) (ii) —to the court in Queensland for the place where payments under the order are required to be made; for an order confirming the provisional order. (sec.97-ssec.2) The collector shall cause notice, in accordance with the prescribed form, of the application under this section to be served on the respondent to the application not less than 7 days before the hearing of the application. (sec.97-ssec.3) Upon the hearing of such an application, the court may— confirm the provisional order (either with or without modification); or discharge the provisional order; or adjourn the proceedings and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order. (sec.97-ssec.4) Where a provisional order is confirmed under this section (whether with or without modification) the order as so confirmed has effect in Queensland as if it were an order to the like effect made by the court in Queensland. - (a) a certified copy of— (i) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving a Queensland order made by a court of summary jurisdiction and enforceable in that reciprocating country; or (ii) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving an overseas order made in that reciprocating country and enforceable in Queensland by virtue of this division; and - (i) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving a Queensland order made by a court of summary jurisdiction and enforceable in that reciprocating country; or - (ii) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving an overseas order made in that reciprocating country and enforceable in Queensland by virtue of this division; and - (b) the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made; - (i) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving a Queensland order made by a court of summary jurisdiction and enforceable in that reciprocating country; or - (ii) a provisional order made by a court in a reciprocating country discharging, suspending, varying, or reviving an overseas order made in that reciprocating country and enforceable in Queensland by virtue of this division; and - (c) in the case of an order referred to in paragraph (a) (i) —to a court in Queensland that would have had jurisdiction to make an order under section 31 in relation to the Queensland order had the Queensland order not been made enforceable in that reciprocating country; or - (d) in the case of an order referred to in paragraph (a) (ii) —to the court in Queensland for the place where payments under the order are required to be made; - (a) confirm the provisional order (either with or without modification); or - (b) discharge the provisional order; or - (c) adjourn the proceedings and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order.