QLDIn ForceAct
Maintenance Act 1965
sec.98Governor in Council may declare reciprocating countries
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### sec.98 Governor in Council may declare reciprocating countries
Where the Governor in Council is satisfied that the law of any country makes provision for the enforcement in that country of maintenance orders made in another country, and that under that law Queensland orders may be made enforceable in that country, the Governor in Council may, by proclamation, declare that country to be a reciprocating country for the purposes of this division.
If it appears to the Governor in Council that the jurisdiction of the courts of a country specified, or to be specified, in a proclamation under subsection (1) to make maintenance orders extends to the making of orders that are not of the same kind as orders that may be made in Queensland under part 2 , the Governor in Council may, by the same or a subsequent proclamation, declare that that country has restricted reciprocity with Queensland.
In a proclamation made under subsection (1) or (2) the Governor in Council may specify, in relation to the country to which the proclamation applies, a date, which may be before or after or the same day as the date of the proclamation, and declare that maintenance orders made in that country on or after that date shall be enforceable in Queensland in accordance with the provisions of this division.
The Governor in Council may, by the like proclamation, revoke or vary or further vary any proclamation made under this section.
Where a country that has been a reciprocating country ceases to be a reciprocating country—
a maintenance order made in that country and enforceable in Queensland by virtue of this division ceases to be so enforceable; and
every warrant or other process under this Act arising out of any such order previously issued in Queensland and not executed ceases to have effect;
but this subsection does not affect the validity of anything done under this Act for the enforcement of a maintenance order while that country was a reciprocating country.
Within 1 month after a proclamation is made under subsection (1) , (2) or (4) the chief executive shall cause to be published in the gazette a list of the names of the reciprocating countries, showing the respective dates upon which they became reciprocating countries and indicating which of those countries are countries having restricted reciprocity and where a date has been specified pursuant to subsection (3) with respect to any such country indicating that date.
Production of a copy of the gazette containing such a list is evidence of the matters stated in the list and of the fact that a country shown in the list as a reciprocating country of either class continues to be a reciprocating country of that class.
s 98 amd 1990 No. 80 s 3 sch 6 ; 2000 No. 58 s 2 sch
(sec.98-ssec.1) Where the Governor in Council is satisfied that the law of any country makes provision for the enforcement in that country of maintenance orders made in another country, and that under that law Queensland orders may be made enforceable in that country, the Governor in Council may, by proclamation, declare that country to be a reciprocating country for the purposes of this division.
(sec.98-ssec.2) If it appears to the Governor in Council that the jurisdiction of the courts of a country specified, or to be specified, in a proclamation under subsection (1) to make maintenance orders extends to the making of orders that are not of the same kind as orders that may be made in Queensland under part 2 , the Governor in Council may, by the same or a subsequent proclamation, declare that that country has restricted reciprocity with Queensland.
(sec.98-ssec.3) In a proclamation made under subsection (1) or (2) the Governor in Council may specify, in relation to the country to which the proclamation applies, a date, which may be before or after or the same day as the date of the proclamation, and declare that maintenance orders made in that country on or after that date shall be enforceable in Queensland in accordance with the provisions of this division.
(sec.98-ssec.4) The Governor in Council may, by the like proclamation, revoke or vary or further vary any proclamation made under this section.
(sec.98-ssec.5) Where a country that has been a reciprocating country ceases to be a reciprocating country— a maintenance order made in that country and enforceable in Queensland by virtue of this division ceases to be so enforceable; and every warrant or other process under this Act arising out of any such order previously issued in Queensland and not executed ceases to have effect; but this subsection does not affect the validity of anything done under this Act for the enforcement of a maintenance order while that country was a reciprocating country.
(sec.98-ssec.6) Within 1 month after a proclamation is made under subsection (1) , (2) or (4) the chief executive shall cause to be published in the gazette a list of the names of the reciprocating countries, showing the respective dates upon which they became reciprocating countries and indicating which of those countries are countries having restricted reciprocity and where a date has been specified pursuant to subsection (3) with respect to any such country indicating that date.
(sec.98-ssec.7) Production of a copy of the gazette containing such a list is evidence of the matters stated in the list and of the fact that a country shown in the list as a reciprocating country of either class continues to be a reciprocating country of that class.
- (a) a maintenance order made in that country and enforceable in Queensland by virtue of this division ceases to be so enforceable; and
- (b) every warrant or other process under this Act arising out of any such order previously issued in Queensland and not executed ceases to have effect;