These Regulations set out the procedural rules and standard forms for making, registering, enforcing and varying maintenance orders locally, interstate and overseas. They assign administrative duties (ledgers, cash books, remittances, notices) to a Collector, Deputy and Assistant Collectors, prescribe specific court forms and repeal earlier maintenance and interstate/overseas rules (see sec.4). The instrument affects courts, the Collector’s office, payees and payors by standardising paperwork, record‑keeping and cross‑jurisdictional payment and notice processes.
These Regulations, cited as the Maintenance Regulations 1967, prescribe the administrative and procedural framework that implements The Maintenance Act of 1965 at the level of court forms, record-keeping, inter-jurisdictional communication and the handling of monies arising from maintenance orders. Mechanically, the Regulations do the following.
Prescribe the structure and the set of Parts and Schedule used to govern local maintenance, interstate maintenance, overseas maintenance, and general provisions (Part I-V, and the Schedule) (sec.3).
Repeal antecedent Rules of Court and Regulations made under earlier maintenance and interstate relief Acts, with transitional savings for previously registered orders in a particular court (sec.4).
Define a limited set of interpretive shortcuts and require use of the Forms in the Schedule for complaints, various kinds of orders and notices, but allow substantial rather than strict literal compliance with those Forms (secs 5-6).
Set out the form to be used for a wide catalogue of orders and notices: preliminary and interim orders, maintenance orders for persons and children, orders for funeral and medical expenses, attachment of earnings orders, orders for seizure and sale of goods, certificates of arrears, and many notices connected with registration, transfer, enforcement and variation of interstate and overseas orders (secs 7-32, 33-75, 76-78).
Allocate administrative duties and record-keeping responsibilities to named officials: the Collector, Deputy Collector and Assistant Collectors, including keeping ledgers and cash books, making remittances and supervising subordinate officers, for both interstate and overseas processes (secs 33-35, 51-52).
Prescribe the procedural shape of provisional orders and the particular footnote required where no specific Form is provided, and mandate a particular note to be included on child-maintenance orders about expiration at age sixteen unless otherwise ordered (secs 77-78).
Current sections
Direct links to the current provisions in Maintenance Regulations 1967.
83
pt.I
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
These Regulations may be cited as the Maintenance Regulations 1967 .
sec.2
Commencement
sec.2 Commencement
Subject to subregulation (2) of this Regulation, these Regulations shall come into operation on the date of commencement of the Act .
Where the Governor in Council, pursuant to subsection (2) of section 2 of the Act , by Proclamation fixes a date or dates for the commencement of Division 2 of Part III of the Act , or for the commencement of the several provisions of Part IV of the Act , later than the date fixed by the Proclamation under subsection (1) of section 2 of the Act for the commencement of the Act , then, in subregulation (1) of this Regulation, the term “date of commencement of the Act ” means, in relation to any Regulations made for the purposes of Division 2 of Part III of the Act , or of any of the several provisions of Part IV of the Act , the date of the commencement of that Division or of that provision, so fixed.
(sec.2-ssec.1) Subject to subregulation (2) of this Regulation, these Regulations shall come into operation on the date of commencement of the Act .
(sec.2-ssec.2) Where the Governor in Council, pursuant to subsection (2) of section 2 of the Act , by Proclamation fixes a date or dates for the commencement of Division 2 of Part III of the Act , or for the commencement of the several provisions of Part IV of the Act , later than the date fixed by the Proclamation under subsection (1) of section 2 of the Act for the commencement of the Act , then, in subregulation (1) of this Regulation, the term “date of commencement of the Act ” means, in relation to any Regulations made for the purposes of Division 2 of Part III of the Act , or of any of the several provisions of Part IV of the Act , the date of the commencement of that Division or of that provision, so fixed.
sec.3
Parts
sec.3 Parts
These Regulations are divided into Parts and a Schedule as follows:—
PART I—PRELIMINARY (Regulations 1–6);
PART II—LOCAL MAINTENANCE (Regulations 7–32);
PART III—INTERSTATE MAINTENANCE (Regulations 33–50);
PART IV—OVERSEAS MAINTENANCE (Regulations 51–75);
PART V—GENERAL (Regulations 76–78);
THE SCHEDULE.
sec.4
Repeals and Savings
sec.4 Repeals and Savings
All Rules of Court made under “ The Maintenance Acts , 1949 to 1954,” are hereby repealed.
All Regulations made under “ The Interstate Destitute Persons Relief Acts , 1914 to 1944,” are hereby repealed as from the date Part III of these Regulations comes into operation.
All Regulations and Rules of Court made under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” are, except as hereinafter provided, hereby repealed as from the date Part IV of these Regulations comes into operation:
Provided that any such Regulations or Rules in force immediately prior to the date Part IV of these Regulations comes into operation shall continue and be of full force and effect for the purposes of subsections (4) and (5) of section five of the Act in relation to orders that were, prior to the commencement of Division 3 of Part IV of the Act , registered in the Supreme Court of Queensland under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” and were, immediately prior to the commencement of that Division, enforceable in that court or in a Magistrates Court of Queensland.
(sec.4-ssec.1) All Rules of Court made under “ The Maintenance Acts , 1949 to 1954,” are hereby repealed.
(sec.4-ssec.2) All Regulations made under “ The Interstate Destitute Persons Relief Acts , 1914 to 1944,” are hereby repealed as from the date Part III of these Regulations comes into operation.
(sec.4-ssec.3) All Regulations and Rules of Court made under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” are, except as hereinafter provided, hereby repealed as from the date Part IV of these Regulations comes into operation: Provided that any such Regulations or Rules in force immediately prior to the date Part IV of these Regulations comes into operation shall continue and be of full force and effect for the purposes of subsections (4) and (5) of section five of the Act in relation to orders that were, prior to the commencement of Division 3 of Part IV of the Act , registered in the Supreme Court of Queensland under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” and were, immediately prior to the commencement of that Division, enforceable in that court or in a Magistrates Court of Queensland.
sec.5
Interpretation
sec.5 Interpretation
Without limiting the operation of “ The Acts Interpretation Acts , 1954 to 1962,” in these Regulations, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:—
“ Schedule ”—The Schedule to these Regulations;
“ The Act ”—“ The Maintenance Act of 1965 .”
“ Schedule ”—The Schedule to these Regulations;
“ The Act ”—“ The Maintenance Act of 1965 .”
sec.6
Forms
sec.6 Forms
The Forms set out in the Schedule to these Regulations shall be used for the purposes for which they are respectively designed.
Strict compliance with a Form in the Schedule is not necessary and substantial compliance is sufficient.
A Form shall be completed in accordance with any directions contained in that Form, and with such additions thereto and deletions therefrom as may be appropriate for the purpose for which the Form is used.
(sec.6-ssec.1) The Forms set out in the Schedule to these Regulations shall be used for the purposes for which they are respectively designed.
(sec.6-ssec.2) Strict compliance with a Form in the Schedule is not necessary and substantial compliance is sufficient.
(sec.6-ssec.3) A Form shall be completed in accordance with any directions contained in that Form, and with such additions thereto and deletions therefrom as may be appropriate for the purpose for which the Form is used.
pt.II
Local Maintenance
Local Maintenance
sec.7
Complaints
sec.7 Complaints
A complaint shall be sufficiently made for the purposes of the Act if the cause of complaint is stated in or to the effect of one of the forms in Form No. 1 of the Schedule, as appropriate.
sec.8
Orders
sec.8 Orders
In any order in Form No. 3, Form No. 6, Form No. 7, Form No. 8, Form No. 10, Form No. 11, or Form No. 12 of the Schedule the Preamble to the order shall include the matter set out in Form No. 2 of the Schedule, as appropriate.
sec.9
Nominal Orders
sec.9 Nominal Orders
An order for the payment of a merely nominal amount of maintenance shall be in Form No. 3 of the Schedule.
sec.10
Preliminary Orders
sec.10 Preliminary Orders
An order made ex parte for the preliminary maintenance of a child shall be in Form No. 4 of the Schedule.
sec.11
Interim Orders
sec.11 Interim Orders
An interim order for the payment of maintenance pending the hearing and determination of a complaint shall be in Form No. 5 of the Schedule.
sec.12
Maintenance Orders
sec.12 Maintenance Orders
An order for the maintenance of a person shall be in Form No. 6 of the Schedule.
sec.13
Maintenance Orders—Children
sec.13 Maintenance Orders—Children
An order for the maintenance of a child whose parents were not married to each other at the time of its conception and have not since married each other shall be in Form No. 7 of the Schedule.
s 13 amd reg pubd gaz 16 December 1978 p 1858
sec.14
Orders for payment of preliminary expenses
sec.14 Orders for payment of preliminary expenses
An order for the payment of preliminary expenses of a mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 8 or Form No. 9 of the Schedule, whichever is appropriate.
s 14 amd reg pubd gaz 16 December 1978 p 1858
sec.15
Orders for payment of funeral expenses of children
sec.15 Orders for payment of funeral expenses of children
An order for the payment of funeral expenses of a child shall be in Form No. 10 of the Schedule.
sec.16
Orders for payment of funeral expenses of unmarried mothers
sec.16 Orders for payment of funeral expenses of unmarried mothers
An order for the payment of funeral expenses of the mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 11 of the Schedule.
s 16 amd reg pubd gaz 16 December 1978 p 1858
sec.17
Orders for payment of medical and the like expenses
sec.17 Orders for payment of medical and the like expenses
An order for the payment of medical or the like expenses shall be in Form No. 12 of the Schedule.
sec.18
Applications generally
sec.18 Applications generally
Wherever, under the Act , an application may be made to the court for any purpose, and no specific Form for such application is prescribed by these Regulations, notice of the application may be given in Form No. 13 of the Schedule.
sec.19
Application for discharge, suspension, or variation of orders
sec.19 Application for discharge, suspension, or variation of orders
Notice of an application for the discharge, suspension, or variation of an order shall be in Form No. 14 of the Schedule.
sec.20
Applications for revival of suspended orders
sec.20 Applications for revival of suspended orders
Notice of an application for the revival of a suspended order shall be in Form No. 15 of the Schedule.
sec.21
Applications for annulment of affiliation orders
sec.21 Applications for annulment of affiliation orders
An order to show cause why an affiliation order should not be annulled shall be in Form No. 16 of the Schedule.
sec.22
Applications for discharge of orders apparently abandoned
sec.22 Applications for discharge of orders apparently abandoned
An order to show cause why an order that appears to have been abandoned should not be discharged shall be in Form No. 17 of the Schedule.
sec.23
Section sec.23
s 23 om reg pubd gaz 24 June 1978 p 998
sec.24
Section sec.24
s 24 om reg pubd gaz 24 June 1978 p 998
sec.25
Section sec.25
s 25 om reg pubd gaz 24 June 1978 p 998
sec.26
Certificates of arrears
sec.26 Certificates of arrears
A certificate of arrears granted under section forty-five of the Act shall be in Form No. 21 of the Schedule.
sec.27
Section sec.27
s 27 om reg pubd gaz 24 June 1978 p 998
sec.28
Order for sale of goods
sec.28 Order for sale of goods
An order for the seizure and sale of goods, chattels or securities, or for the demand and receipt of annuities, rents and other moneys, shall be in Form No. 23 of the Schedule.
sec.29
Attachment of earnings order
sec.29 Attachment of earnings order
An attachment of earnings order shall be in Form No. 24 of the Schedule.
sec.30
Cessation, &c., of attachment of earnings order
sec.30 Cessation, &c., of attachment of earnings order
A notice that an attachment of earnings order has been suspended or varied or has ceased to have effect shall be in Form No. 25 of the Schedule.
sec.31
Notice by employer that defendant is not his employee
sec.31 Notice by employer that defendant is not his employee
A notice by a person to whom an attachment of earnings order is directed that the defendant is not, or is no longer, his employee shall be in Form No. 26 of the Schedule.
sec.32
Order to attend for examination or to furnish particulars
sec.32 Order to attend for examination or to furnish particulars
An order to a defendant to attend before a court to be examined concerning his means and ability to comply with an order or to state to the court or to furnish to the court any other particulars, and an order to a person who appears to be indebted to a defendant or to be his employer to furnish to the court any particulars shall be in Form No. 27 of the Schedule.
pt.III
Interstate Maintenance
Interstate Maintenance
sec.33
Duties of the Collector, &c.
sec.33 Duties of the Collector, &c.
The duties of the Collector shall be—
To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—
All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
To remit moneys received by him for transmission to another Australian State to the Collector for that State; and
To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
The duties of the Deputy Collector and of Assistant Collectors shall be to carry out the directions of and be responsible to the Collector.
(sec.33-ssec.1) The duties of the Collector shall be— To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed; To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons; To remit moneys received by him for transmission to another Australian State to the Collector for that State; and To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(sec.33-ssec.2) The duties of the Deputy Collector and of Assistant Collectors shall be to carry out the directions of and be responsible to the Collector.
(a) To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— (i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; (ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(b) To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
(c) To remit moneys received by him for transmission to another Australian State to the Collector for that State; and
(d) To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
sec.34
Duties of Assistant Collectors
sec.34 Duties of Assistant Collectors
The duties of every Assistant Collector shall be—
To keep a cash book showing all moneys received by him—
For transmission to another Australian State;
From another Australian State for payment to persons resident in his district,
and of the disposition thereof;
To remit to the Collector moneys received by him for transmission to another Australian State;
To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State;
To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—
All interstate orders received by him for registration in the Magistrates Court, and a record of all matters and happenings relating to those orders of which he is informed;
All orders sent by him to the Collector for transmission to another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
The amount due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
The amounts paid by such persons from time to time; and
The amount (if any) due to any person to whom money is being paid or should be paid; and
To carry out the directions of and be responsible to the Collector.
(a) To keep a cash book showing all moneys received by him— (i) For transmission to another Australian State; (ii) From another Australian State for payment to persons resident in his district, and of the disposition thereof;
(i) For transmission to another Australian State;
(ii) From another Australian State for payment to persons resident in his district,
(b) To remit to the Collector moneys received by him for transmission to another Australian State;
(c) To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State;
(d) To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— (i) All interstate orders received by him for registration in the Magistrates Court, and a record of all matters and happenings relating to those orders of which he is informed; (ii) All orders sent by him to the Collector for transmission to another Australian State, and a record of all matters and happenings relating to those orders of which he is informed; (iii) The amount due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed; (iv) The amounts paid by such persons from time to time; and (v) The amount (if any) due to any person to whom money is being paid or should be paid; and
(i) All interstate orders received by him for registration in the Magistrates Court, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Collector for transmission to another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(iii) The amount due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
(iv) The amounts paid by such persons from time to time; and
(v) The amount (if any) due to any person to whom money is being paid or should be paid; and
(e) To carry out the directions of and be responsible to the Collector.
(i) For transmission to another Australian State;
(ii) From another Australian State for payment to persons resident in his district,
(i) All interstate orders received by him for registration in the Magistrates Court, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Collector for transmission to another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(iii) The amount due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
(iv) The amounts paid by such persons from time to time; and
(v) The amount (if any) due to any person to whom money is being paid or should be paid; and
sec.35
Application to Collector to have order made enforceable in another Australian State
sec.35 Application to Collector to have order made enforceable in another Australian State
An application to the Collector by or on behalf of a complainant that a Queensland order be made enforceable in another Australian State shall be in Form No. 28 of the Schedule.
sec.36
Request that order be made enforceable in another State
sec.36 Request that order be made enforceable in another State
A request by the Collector that a Queensland order be made enforceable in another Australian State shall be in Form No. 29 of the Schedule.
sec.37
Request that order be made not enforceable in another State
sec.37 Request that order be made not enforceable in another State
A request by the Collector that a Queensland order be made no longer enforceable in another Australian State shall be in Form No. 30 of the Schedule.
sec.38
Collector’s Certificate
sec.38 Collector’s Certificate
A Collector’s Certificate in respect of a Queensland order shall be in Form No. 31 of the Schedule.
sec.39
Request for registration of interstate order
sec.39 Request for registration of interstate order
A request by the Collector to a clerk of the court that an interstate order be registered in a Magistrates Court in Queensland shall be in Form No. 32 of the Schedule.
sec.40
Notification of registration of an interstate order
sec.40 Notification of registration of an interstate order
A notification by the Collector to a Collector in another Australian State that an interstate order has been registered in a Magistrates Court in Queensland shall be in Form No. 33 of the Schedule.
sec.41
Notice to defendant of registration of interstate order
sec.41 Notice to defendant of registration of interstate order
A notice by the clerk of the court to the defendant of the registration of an intestate order shall be in form No. 34 of the Schedule.
sec.42
Application for variation, &c., of an interstate order or of a Queensland order enforceable interstate
sec.42 Application for variation, &c., of an interstate order or of a Queensland order enforceable interstate
An application for the discharge, suspension, variation, or revival of an interstate order or of a Queensland order that is enforceable in another Australian State shall be in Form No. 35 or Form No. 36 of the Schedule, whichever is appropriate.
sec.43
Notice of further hearing
sec.43 Notice of further hearing
Where a Provisional order has been made in Queensland to discharge, suspend, vary, or revive an interstate order, or a Queensland order enforceable in another Australian State, and a court in another Australian State remits the Provisional order for the taking of further evidence, notice shall be given to the applicant for the Provisional order and to the Collector in Form No. 37 of the Schedule.
sec.44
Notice of application for confirmation of a Provisional order made in another Australian State
sec.44 Notice of application for confirmation of a Provisional order made in another Australian State
A notice by the Collector that he intends to make application to a Magistrates Court to confirm a Provisional order made in another Australian State discharging, suspending, varying, or reviving an interstate order or a Queensland order enforceable in that other Australian State shall be in Form No. 38 of the Schedule.
sec.45
Notice of further hearing
sec.45 Notice of further hearing
Where depositions taken by a court in another Australian State in connection with a Provisional order remitted to that Court for the taking of further evidence have been sent to a Magistrates Court in Queensland, the clerk of the court shall send notice, in Form No. 39 of the Schedule, to the Collector and to the respondent, of the time and place when the matter will be further considered by the Court.
sec.46
Notice remitting Provisional order
sec.46 Notice remitting Provisional order
Where a Magistrates Court before which a Provisional order made in another Australian State comes for confirmation orders that the case be remitted for the taking of further evidence, the clerk of the court shall remit the case and send a notice in Form No. 40 of the Schedule setting out the matters in respect of which further evidence is necessary.
sec.47
Notice of confirmation or discharge of a Provisional order
sec.47 Notice of confirmation or discharge of a Provisional order
Where a Provisional order made in another Australian State has been confirmed (with or without modification), or has been discharged, by a Magistrates Court in Queensland, the clerk of the court shall send notice thereof, in Form No. 41 of the Schedule, to the court that made the Provisional order; and, where the Provisional order has been discharged, shall also send to the lastmentioned court a copy of the evidence taken in the proceedings in which the Provisional order was discharged.
sec.48
Request for enforcement of interstate order
sec.48 Request for enforcement of interstate order
A request by the Collector to a clerk of the court to enforce an interstate order enforceable in that court shall be in Form No. 42 of the Schedule.
sec.49
Transfer of interstate orders
sec.49 Transfer of interstate orders
Where an interstate order is enforceable in a Magistrates Court in Queensland and the order is transferred to another Magistrates Court in Queensland, a notice by the clerk of the court to the defendant of the transfer of the order shall be in Form No. 51 of the Schedule.
sec.50
Notice of changes affecting interstate orders, &c.
sec.50 Notice of changes affecting interstate orders, &c.
Where the operation of a Queensland order enforceable in another Australian State, or of an interstate order enforceable in Queensland, is affected by an order (other than a Provisional order) event, or other matter made, occurring, or arising in Queensland, the notice by the Collector to the Collector in the other Australian State shall be in Form No. 52 of the Schedule.
pt.IV
Overseas Maintenance
Overseas Maintenance
sec.51
Duties of the Collector, &c.
sec.51 Duties of the Collector, &c.
The duties of the Collector shall be—
To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—
All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
To pay to the persons entitled thereto all moneys received by him from a reciprocating country for and on behalf of persons resident in Queensland, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
To remit to the appropriate authority in a reciprocating country all moneys received by him for payment to persons resident in that country; and
To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
The duties of the Deputy Collector shall be to carry out the directions of and be responsible to the Collector.
(sec.51-ssec.1) The duties of the Collector shall be— To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed; To pay to the persons entitled thereto all moneys received by him from a reciprocating country for and on behalf of persons resident in Queensland, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons; To remit to the appropriate authority in a reciprocating country all moneys received by him for payment to persons resident in that country; and To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(sec.51-ssec.2) The duties of the Deputy Collector shall be to carry out the directions of and be responsible to the Collector.
(a) To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— (i) All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; (ii) All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
(i) All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
(b) To pay to the persons entitled thereto all moneys received by him from a reciprocating country for and on behalf of persons resident in Queensland, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
(c) To remit to the appropriate authority in a reciprocating country all moneys received by him for payment to persons resident in that country; and
(d) To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(i) All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
sec.52
Duties of Assistant Collectors
sec.52 Duties of Assistant Collectors
The duties of every Assistant Collector shall be—
To keep a cash book showing all moneys received by him—
For transmission to a reciprocating country;
From a reciprocating country for payment to persons resident in his district;
and of the disposition thereof;
To remit to the Collector moneys received by him for transmission to a reciprocating country;
To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from a reciprocating country;
To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—
All overseas orders received by him for registration or confirmation in the Magistrates Court for the place to which he is appointed, and a record of all matters and happenings relating to those orders of which he is informed;
All orders sent by him to the Collector for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
The amounts due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
The amounts paid by such persons from time to time; and
The amount (if any) due to any person to whom money is being paid; and
To carry out the directions of and be responsible to the Collector.
(a) To keep a cash book showing all moneys received by him— (i) For transmission to a reciprocating country; (ii) From a reciprocating country for payment to persons resident in his district; and of the disposition thereof;
(i) For transmission to a reciprocating country;
(ii) From a reciprocating country for payment to persons resident in his district;
(b) To remit to the Collector moneys received by him for transmission to a reciprocating country;
(c) To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from a reciprocating country;
(d) To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— (i) All overseas orders received by him for registration or confirmation in the Magistrates Court for the place to which he is appointed, and a record of all matters and happenings relating to those orders of which he is informed; (ii) All orders sent by him to the Collector for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed; (iii) The amounts due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed; (iv) The amounts paid by such persons from time to time; and (v) The amount (if any) due to any person to whom money is being paid; and
(i) All overseas orders received by him for registration or confirmation in the Magistrates Court for the place to which he is appointed, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Collector for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
(iii) The amounts due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
(iv) The amounts paid by such persons from time to time; and
(v) The amount (if any) due to any person to whom money is being paid; and
(e) To carry out the directions of and be responsible to the Collector.
(i) For transmission to a reciprocating country;
(ii) From a reciprocating country for payment to persons resident in his district;
(i) All overseas orders received by him for registration or confirmation in the Magistrates Court for the place to which he is appointed, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to the Collector for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;
(iii) The amounts due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;
(iv) The amounts paid by such persons from time to time; and
(v) The amount (if any) due to any person to whom money is being paid; and
sec.53
Application to Collector to take steps to have a Queensland order made enforceable in a reciprocating country
sec.53 Application to Collector to take steps to have a Queensland order made enforceable in a reciprocating country
An application to the Collector by or on behalf of a complainant that a Queensland order be made enforceable in a reciprocating country shall be in Form No. 28 of the Schedule.
sec.54
Collector’s Certificate
sec.54 Collector’s Certificate
A Collector’s Certificate in respect of a Queensland order or of an overseas order enforceable in Queensland shall be in Form No. 31 of the Schedule.
sec.55
Request to Under Secretary to have Queensland order made enforceable in a reciprocating country
sec.55 Request to Under Secretary to have Queensland order made enforceable in a reciprocating country
A request by the Collector that the Under Secretary seek to have a Queensland order made enforceable in a reciprocating country shall be in Form No. 43 of the Schedule.
sec.56
Application for Provisional order
sec.56 Application for Provisional order
An application to a Magistrates Court for a maintenance order against a person who is resident in or is proceeding to a reciprocating country shall be in Form No. 44 of the Schedule.
sec.57
Provisional maintenance order
sec.57 Provisional maintenance order
A provisional maintenance order made against a person resident in or proceeding to a reciprocating country shall be in Form No. 45 of the Schedule.
sec.58
Statement of grounds on which the making of a maintenance order could have been opposed
sec.58 Statement of grounds on which the making of a maintenance order could have been opposed
The statement of the grounds on which the making of a maintenance order against a person resident in or proceeding to a reciprocating country could have been opposed if the defendant had appeared at the hearing shall, so far as applicable, include the matters set out in Form No. 46 of the Schedule.
sec.59
Notice of further hearing
sec.59 Notice of further hearing
Where a Provisional order of maintenance has been made in Queensland against a person resident in or proceeding to a reciprocating country, or a Provisional order of discharge, suspension, variation, or revival, of an overseas order enforceable in Queensland, or of a Queensland order enforceable in a reciprocating country, has been made in Queensland, and a court in another Australian State or in a reciprocating country remits the Provisional order for the taking of further evidence in Queensland, notice shall be given in Form No. 37 of the Schedule to the Collector and to the applicant for the Provisional order.
sec.60
Request that order be made not enforceable in a reciprocating country
sec.60 Request that order be made not enforceable in a reciprocating country
Where a Queensland order is enforceable in a reciprocating country, a request by the Collector to the Under Secretary that the order be made no longer enforceable in that reciprocating country shall be in Form No. 47 of the Schedule.
sec.61
Request for registration of overseas order
sec.61 Request for registration of overseas order
A request by the Collector to a clerk of the court that an overseas order be registered in the Magistrates Court shall be in Form No. 32 of the Schedule.
sec.62
Notification of registration of an overseas order
sec.62 Notification of registration of an overseas order
A notification by the Collector to a Collector in another Australian State or to an officer of a court or other authority in a reciprocating country that an overseas order has been registered in a Magistrates Court in Queensland shall be in Form No. 33 of the Schedule.
sec.63
Notice to defendant of registration of an overseas order
sec.63 Notice to defendant of registration of an overseas order
Where an overseas order is registered in a Magistrates Court in Queensland, the clerk of the court shall notify the defendant in accordance with Form No. 34 of the Schedule.
sec.64
Summons to show cause why a Provisional overseas order should not be confirmed
sec.64 Summons to show cause why a Provisional overseas order should not be confirmed
A summons to show cause why a Provisional order for maintenance made by a court in a reciprocating country against a defendant resident in Queensland should not be confirmed shall be in Form No. 48 of the Schedule.
sec.65
Notice of further hearing
sec.65 Notice of further hearing
Where, at the request of a Magistrates Court in Queensland, a court in a reciprocating country has taken and remitted to the Magistrates Court further evidence taken on a Provisional order for maintenance (or discharge, suspension, variation, or revival of a maintenance order) made by the court in the reciprocating country, the clerk of the court shall, in Form No. 39 of the Schedule, notify the Collector and the defendant of the further hearing of the matter.
sec.66
Notice remitting Provisional order
sec.66 Notice remitting Provisional order
Where a Magistrates Court adjourns proceedings upon a Provisional order for maintenance (or discharge, suspension, variation or revival of a maintenance order) made in a reciprocating country, and remits the order to the court that made it with a request that that court take further evidence and further consider its Provisional order, the notice by the clerk of the court to the court that made the Provisional order shall be in Form No. 40 of the Schedule.
sec.67
Notice of confirmation or discharge of a Provisional order made in a reciprocating country
sec.67 Notice of confirmation or discharge of a Provisional order made in a reciprocating country
Where a Provisional order made in a reciprocating country has been confirmed (with or without modification), or has been discharged, by a Magistrates Court in Queensland, the clerk of the court shall send notice thereof, in Form No. 41 of the Schedule, to the court that made the Provisional order; and, where the Provisional order has been discharged, shall also send to the lastmentioned court a copy of the evidence taken in the proceedings in which the Provisional order was discharged.
sec.68
Request that an overseas order be made enforceable in another Australian State
sec.68 Request that an overseas order be made enforceable in another Australian State
Where an overseas order is enforceable in a Magistrates Court in Queensland, a request by the Collector to a Collector in another Australian State that the overseas order be made enforceable in that other State shall be in Form No. 29 of the Schedule.
sec.69
Request for registration of overseas order registered or confirmed in another Australian State
sec.69 Request for registration of overseas order registered or confirmed in another Australian State
A request by the Collector to a clerk of the court that an overseas order, registered or confirmed in another Australian State, be registered in a Magistrates Court in Queensland shall be in Form No. 32 of the Schedule.
sec.70
Request for enforcement of overseas order
sec.70 Request for enforcement of overseas order
A request by the Collector to a clerk of the court to enforce an overseas order enforceable in that court shall be in Form No. 42 of the Schedule.
sec.71
Application for an order of variation, &c., of an overseas order
sec.71 Application for an order of variation, &c., of an overseas order
Where an overseas order is enforceable in Queensland, an application for the discharge, suspension, or variation of the order shall be in Form No. 49 of the Schedule.
sec.72
Application for an order of variation, &c., of a Queensland order enforceable in a reciprocating country
sec.72 Application for an order of variation, &c., of a Queensland order enforceable in a reciprocating country
Where a Queensland order is enforceable in a reciprocating country, an application for the variation or revival of the order shall be in Form No. 50 of the Schedule.
sec.73
Notice of application for confirmation of a Provisional order made in a reciprocating country
sec.73 Notice of application for confirmation of a Provisional order made in a reciprocating country
A notice by the Collector that he intends to make application to a Magistrates Court to confirm a Provisional order made in a reciprocating country discharging, varying, suspending, or reviving, an overseas order, or a Queensland order enforceable in a reciprocating country, shall be in Form No. 38 of the Schedule.
sec.74
Transfer of overseas order
sec.74 Transfer of overseas order
Where an overseas order is enforceable in a Magistrates Court in Queensland and the order is transferred to another Magistrates Court in Queensland, a notice by the clerk of the court to the defendant of the transfer of the order shall be in Form No. 51 of the Schedule.
sec.75
Notice of change affecting overseas orders, &c.
sec.75 Notice of change affecting overseas orders, &c.
Where the operation of a Queensland order enforceable in a reciprocating country, or of an overseas order enforceable in Queensland, is affected by an order (other than a Provisional order) event, or other matter made, occurring, or arising in Queensland, the notice by the Collector to the appropriate authority in the reciprocating country shall be in Form No. 52 of the Schedule.
pt.V
General
General
sec.76
Certificate of payment of arrears
sec.76 Certificate of payment of arrears
A Certificate of the clerk of the court or the Collector as to amounts paid or unpaid under a maintenance order shall be in Form No. 53 of the Schedule.
sec.77
Provisional orders
sec.77 Provisional orders
Where a Provisional order is made and no specific Form is provided therefor in these Regulations, the order shall be headed with the word “Provisional” and at the foot thereof shall be set out the following words:—
“THIS ORDER is Provisional only and shall have no effect unless and until confirmed (with or without modification) by a competent court in (naming the other Australian State or reciprocating country where the original order was made or the Provisional order is required to be confirmed).”
sec.78
Orders in respect of children
sec.78 Orders in respect of children
Where an order is made under the Act (and whether as a Provisional order or as a final order) for the maintenance of a child, the order shall set out at the foot thereof the following words:—
“NOTE—Unless a Court specifically orders the extension of a maintenance order alter a child’s sixteenth birthday, an order for the maintenance of a child ceases to have effect when the child attains the age of sixteen years, or dies, or is adopted, or the person against whom the order was made dies (whichever first occurs). See sections 25 and 26 .”
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.I Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
These Regulations may be cited as the Maintenance Regulations 1967 .
sec.2 Commencement
sec.2 Commencement
Subject to subregulation (2) of this Regulation, these Regulations shall come into operation on the date of commencement of the Act .
Where the Governor in Council, pursuant to subsection (2) of section 2 of the Act , by Proclamation fixes a date or dates for the commencement of Division 2 of Part III of the Act , or for the commencement of the several provisions of Part IV of the Act , later than the date fixed by the Proclamation under subsection (1) of section 2 of the Act for the commencement of the Act , then, in subregulation (1) of this Regulation, the term “date of commencement of the Act ” means, in relation to any Regulations made for the purposes of Division 2 of Part III of the Act , or of any of the several provisions of Part IV of the Act , the date of the commencement of that Division or of that provision, so fixed.
(sec.2-ssec.1) Subject to subregulation (2) of this Regulation, these Regulations shall come into operation on the date of commencement of the Act .
(sec.2-ssec.2) Where the Governor in Council, pursuant to subsection (2) of section 2 of the Act , by Proclamation fixes a date or dates for the commencement of Division 2 of Part III of the Act , or for the commencement of the several provisions of Part IV of the Act , later than the date fixed by the Proclamation under subsection (1) of section 2 of the Act for the commencement of the Act , then, in subregulation (1) of this Regulation, the term “date of commencement of the Act ” means, in relation to any Regulations made for the purposes of Division 2 of Part III of the Act , or of any of the several provisions of Part IV of the Act , the date of the commencement of that Division or of that provision, so fixed.
sec.3 Parts
sec.3 Parts
These Regulations are divided into Parts and a Schedule as follows:—
PART I—PRELIMINARY (Regulations 1–6);
PART II—LOCAL MAINTENANCE (Regulations 7–32);
PART III—INTERSTATE MAINTENANCE (Regulations 33–50);
PART IV—OVERSEAS MAINTENANCE (Regulations 51–75);
PART V—GENERAL (Regulations 76–78);
THE SCHEDULE.
sec.4 Repeals and Savings
sec.4 Repeals and Savings
All Rules of Court made under “ The Maintenance Acts , 1949 to 1954,” are hereby repealed.
All Regulations made under “ The Interstate Destitute Persons Relief Acts , 1914 to 1944,” are hereby repealed as from the date Part III of these Regulations comes into operation.
All Regulations and Rules of Court made under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” are, except as hereinafter provided, hereby repealed as from the date Part IV of these Regulations comes into operation:
Provided that any such Regulations or Rules in force immediately prior to the date Part IV of these Regulations comes into operation shall continue and be of full force and effect for the purposes of subsections (4) and (5) of section five of the Act in relation to orders that were, prior to the commencement of Division 3 of Part IV of the Act , registered in the Supreme Court of Queensland under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” and were, immediately prior to the commencement of that Division, enforceable in that court or in a Magistrates Court of Queensland.
(sec.4-ssec.1) All Rules of Court made under “ The Maintenance Acts , 1949 to 1954,” are hereby repealed.
(sec.4-ssec.2) All Regulations made under “ The Interstate Destitute Persons Relief Acts , 1914 to 1944,” are hereby repealed as from the date Part III of these Regulations comes into operation.
(sec.4-ssec.3) All Regulations and Rules of Court made under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” are, except as hereinafter provided, hereby repealed as from the date Part IV of these Regulations comes into operation: Provided that any such Regulations or Rules in force immediately prior to the date Part IV of these Regulations comes into operation shall continue and be of full force and effect for the purposes of subsections (4) and (5) of section five of the Act in relation to orders that were, prior to the commencement of Division 3 of Part IV of the Act , registered in the Supreme Court of Queensland under “ The Maintenance Orders (Facilities for Enforcement) Acts , 1921 to 1959,” and were, immediately prior to the commencement of that Division, enforceable in that court or in a Magistrates Court of Queensland.
The Regulations do not, on their face, create substantive maintenance rights or penalties, they do not set rates of maintenance, and they do not re-write the Act. They operationalise enforcement and cross-border co-ordination by prescribing documentary forms and administrative duties, and by setting process markers (for example, which Form number to use when registering an interstate order in a Queensland Magistrates Court). The Schedule contains the actual Forms but is not reproduced here, the Regulations repeatedly refer to Form numbers for the wording and content of complaints, orders and notices (see, for example, Forms Nos 1-53 across the Parts). The Regulations also provide that the date of operation of certain provisions depends on Proclamations under the Act, so commencement of specific Divisions or Parts may be staggered (sec.2).
Finally, the text contains annotations recording later amendments and omissions for particular clauses (for example amendments published in the Gazette in 1978 for ss 13, 14, 16, and several omissions noted), which the reader should treat as documentary signals of later change embedded in this consolidated text.
Main concepts
The Regulations are procedural and administrative rather than substantive. The main concepts that structure the instrument are:
Forms-based governance, with a Schedule of Forms being the central instrument of operation. Nearly every substantive procedural step or notice under the Act is tied to a particular Form number in the Schedule (for example Form No. 1 for complaints, Form No. 6 for maintenance orders, Form No. 24 for attachment of earnings orders). Use of the Schedule is mandatory in the sense that the Forms "shall be used" for their respective purposes, but strict literal compliance is relaxed to substantial compliance (sec.6(1)-(3), sec.7, sec.12, and numerous other cross-references across Parts II-IV).
Administrative offices and delegated finance functions, chiefly the Collector, the Deputy Collector and Assistant Collectors. The Collector has supervisory and remittance duties: keeping ledgers of inter-State and overseas orders, remitting and paying monies as appropriate, and supervising deputies and assistants (secs 33(1), 51(1)). Assistant Collectors must keep cash books, remit funds to the Collector, pay funds to entitled persons, and keep ledgers of matters within their district (secs 34, 52). The Regulations explicitly permit "any convenient system, including a card index system" for these records, which implicitly recognises different record technologies while still requiring documented ledgers and cash books (secs 33, 34, 51, 52).
Inter-jurisdictional process towers, split into interstate maintenance (Part III) and overseas maintenance (Part IV). Both Parts mirror each other in structure: they set out forms and notices for making a Queensland order enforceable elsewhere, for requesting registration in Queensland of orders made elsewhere, for Provisional orders and confirmations, for remitting evidence and for notices of confirmation, discharge or other events affecting enforceability (see, for example, secs 35-50 for interstate, secs 53-75 for overseas). The Regulations envisage bilateral and multilateral administrative interaction between Collectors, clerks of court, Under Secretary (for reciprocating countries) and courts in other Australian States or countries.
Provisional orders and limits to effect. Where a Provisional order is made and no specific Form is provided, the Regulations prescribe how the order is to be headed and what footnote is to appear, namely that the Provisional order is provisional only and will have no effect unless confirmed (sec.77). For child maintenance, the Regulations require a printed NOTE at the foot of the order explaining that maintenance ceases at the child’s sixteenth birthday unless extended, and cross-reference sections 25 and 26 of the Act (sec.78).
Enforcement instruments as forms rather than new powers. The Regulations identify the forms to use to carry out enforcement acts: seizure and sale of goods (sec.28, Form No. 23), attachment of earnings orders (sec.29, Form No. 24), order to attend for examination (sec.32, Form No. 27), certificate of arrears (sec.26, Form No. 21), and certificate of payment of arrears (sec.76, Form No. 53). The Regulations standardise the documentary shape of those powers rather than creating novel enforcement mechanisms.
Together these concepts create an administrative architecture designed to make maintenance orders enforceable across jurisdictions and controllable through standardised documentation and a chain of custody for monies and evidence. The Regulations are anchored to the Act for substantive questions, and to transitional and repeal provisions that clear legacy regulatory instruments (sec.4).
Who it affects
The Regulations create obligations and decision nodes that affect a defined set of actors. The principal affected parties are:
Complainants and applicants, who must lodge complaints or applications using prescribed Forms from the Schedule, or using substantial compliance if strict literal compliance is not possible (secs 6(1)-(3), 7, 18, 35, 53). These persons include custodial parents, guardians, the mother of a child conceived out of wedlock in particular cases (see Form references for preliminary expenses and related orders, secs 14, 16), and persons seeking enforcement of orders made outside Queensland.
Defendants or respondents, who are entitled to notices in the Forms prescribed by the Regulations (for example notices of registration, notices to show cause why a Provisional order should not be confirmed, transfers of orders), and to processes for variation, suspension, discharge or revival of orders (secs 19-22, 41, 63, 64). The Regulations prescribe standardised notice Forms to be used by clerks and Collectors to inform defendants of registration, provisional hearings and transfers (secs 34, 41, 63, 74).
Courts and court officers, notably clerks of the Magistrates Court. The Regulations prescribe which Form a clerk must use for specific actions, such as notices of hearings, remitting Provisional orders for further evidence, sending confirmations or discharges to other courts, and transferring an order between Magistrates Courts (secs 43-47, 49, 66-67, 74). Clerks are required to perform the administrative communication tasks in the precise Form numbers and to send copies of evidence where a Provisional order is discharged (sec.47, sec.67).
The Collector, Deputy Collector and Assistant Collectors, who are the administrative hub for interstate and overseas processes. These officers are obliged to keep ledgers and cash books, pay or remit monies appropriately, keep records of orders received and sent, and supervise subordinate staff (secs 33-34, 51-52). Their duties require ongoing bookkeeping, reconciliation and inter-jurisdictional liaison.
The Under Secretary and appropriate overseas authorities in reciprocating countries, in the overseas maintenance regime. The Collector sends certain orders to the Under Secretary for transmission to a reciprocating country and to appropriate authorities in those countries (secs 51(1)(b), 55, 75).
Employers and third parties, who can be the target of attachment of earnings orders, notices related to attachment (including notice that the defendant is not an employee), and orders to furnish particulars or to attend for examination concerning means and ability to comply (secs 29-32). These provisions affect the lawful interaction between private employers and court enforcement processes.
Administrators of previous maintenance schemes, insofar as the Regulations repeal prior Rules of Court and other Regulations, but save their operation for previously registered orders in specific transitional circumstances (sec.4).
The Regulations therefore affect private individuals with maintenance claims or obligations, court staff, named public officers responsible for collecting and remitting funds, employers who may be ordered to implement attachment of earnings, and foreign authorities in reciprocating countries where overseas orders are involved. The forms-based approach centralises many procedural decisions in administrative offices, principally the Collector and clerks of court, making those offices the operational decision-makers for documentation, remittances and interjurisdictional notices (secs 33-36, 39-41, 51-56).
Key duties and rights
The Regulations allocate explicit duties and create procedural rights. Key duties are administrative and documentary, while rights are mainly about procedural notice and application.
Duties
Use and completion of Forms. The Schedule Forms "shall be used" for the purposes they are designed to serve, and a Form must be completed in accordance with directions in the Form, with additions or deletions as appropriate (sec.6(1), (3)). However, strict compliance is not required and substantial compliance suffices (sec.6(2)). Numerous specific provisions repeat this prescription by referencing particular Form numbers for complaints, orders, notices and applications (for example secs 7-19, 26-32, 35-42, 51-56, 61-72).
Record keeping. The Collector and Assistant Collectors must keep ledgers and cash books showing orders received and sent, monies received and remitted, amounts due and amounts paid, and records of matters and happenings relating to those orders. The Collector is obliged to keep ledgers of inter-State and overseas orders and to direct and supervise subordinates (secs 33(1), 34, 51, 52).
Handling of funds and remittances. Assistant Collectors must remit monies to the Collector intended for transmission to another State or reciprocating country, and Collectors must remit monies received for transmission to other jurisdictions and pay monies received from other jurisdictions to entitled persons or remit them to Assistant Collectors (secs 33(1)(b),(c), 34(b),(c), 51(1)(c),(d), 52(b),(c)).
Notices and communications. Clerks of court and Collectors have duties to send specified forms of notice for registration, confirmation, remittance of provisional matters, transfer and change events affecting enforceability, and confirmation or discharge of Provisional orders, generally using the prescribed Form number (e.g. secs 39-47, 55-67, 68-75).
Rights and procedural protections
Right to apply for orders and variations. Applicants can apply to courts under the Act and must typically give notice in the appropriate Form where no specific Form is prescribed (sec.18). Applications for discharge, suspension, variation or revival of orders have dedicated Forms for notice and application (secs 19-20, 42, 71-72).
Right to notice and hearing in provisional processes. Where a Provisional order is made in another jurisdiction and remitted, the Regulations require notices be sent to the applicant and the Collector and that the defendant be notified of registration or of further hearings in Queensland using specified Forms (secs 43, 45). The Provisional order wording protects the defendant by explicitly stating the provisional nature, and the Regulations require the footnote explaining the need for confirmation (sec.77).
Right to receive monies. Persons entitled to maintenance payments have a right to have monies paid to them by the Collector or an Assistant Collector where monies are received from another State or reciprocating country, as the Collector is required to pay or remit those monies to the person entitled (secs 33(1)(b), 34(c), 51(1)(c), 52(c)).
Right to have arrears certified. A certificate of arrears under s 45 of the Act must take the form set out in Form No. 21 (sec.26), and a Certificate as to amounts paid or unpaid can be issued as Form No. 53 (sec.76), providing documentary rights for enforcement or proof.
The Regulations do not themselves set out penal sanctions or prescribe new substantive rights beyond procedural form and recordkeeping; they implement the mechanisms through which rights under the Act are exercised and enforced. Where the Regulations refer to consequences in the Act, those substantive rights and duties are driven by the Act’s provisions (for example the reference in sec.78 to sections 25 and 26 of the Act regarding expiry of child-maintenance orders).
Penalties and enforcement
The Regulations predominantly set out forms and processes rather than prescribe criminal penalties or novel enforcement defaults. Nonetheless they facilitate enforcement and document the administrative instruments that enable the Act's penalties and enforcement mechanisms to operate in practice.
Enforcement mechanisms contained or enabled by the Regulations
Attachment of earnings. The Regulation prescribes the form to be used for attachment of earnings orders (Form No. 24), and the form to notify suspension, variation or cessation of such an order (Form No. 25), and the form for an employer to notify that the defendant is not his employee (Form No. 26) (secs 29-31). The Regulations therefore provide the standardised papers needed to execute an attachment of earnings under the Act.
Seizure and sale of goods. The form for orders authorising seizure and sale of goods, chattels or securities, or the demand and receipt of annuities and rents, is prescribed as Form No. 23 (sec.28). That form operationalises the Act’s execution powers against property.
Orders to attend and furnish particulars. An order requiring a defendant to attend for examination about means and ability to comply with an order, or to furnish particulars, or requiring persons who may be indebted to the defendant or be employers to furnish particulars, is prescribed as Form No. 27 (sec.32). This enables fact-finding enforcement action in the court process.
Certificates of arrears and payment. The Regulations require use of Form No. 21 for a certificate of arrears under s 45 of the Act (sec.26), and Form No. 53 for a Certificate as to amounts paid or unpaid (sec.76). These certificates are standard instruments for enforcement actions that depend upon proof of arrears.
Provisional orders. The Regulations prescribe how Provisional orders must be labelled and the required footnote regarding confirmation; this limits the immediate legal effect of a Provisional order until it is confirmed by a competent court, which affects enforcement timing and legal certainty (sec.77).
Limitations and absence of direct penalty provisions
The Regulations do not themselves create criminal sanctions or civil penalties. They do not specify fines, imprisonment, or other sanctions within their text. Rather, they set the procedural forms used to exercise enforcement powers under the Act. Any substantive penalty provisions and the powers to make attachment, seizure or other enforcement steps are carried by the Act; the Regulations furnish the forms to implement those powers.
Enforcement in interstate and overseas contexts depends on the sequence of registration, provisional orders, confirmation, remittance of evidence and notices. The Regulations prescribe those documentary sequences (for example Forms Nos 29-42, 48-52, 69-70), but the ability to enforce in another jurisdiction depends on reciprocal legal frameworks, prosecutorial discretion and the receiving jurisdiction’s processes.
Administrative enforcement risk and bottlenecks
The Collector and Assistant Collectors act as critical nodes for the payment and transmission of funds, and delays or failures in ledger keeping, remittances or notifications can impede enforcement. The Regulations place duties on these officers to keep ledgers and cash books and to remit funds; failure to perform these duties will obstruct enforcement even if the Act provides substantive remedies (secs 33-34, 51-52).
The "substantial compliance" permissive rule for Forms (sec.6(2)) reduces procedural harshness but can create evidentiary disputes if parties contest whether a Form was used correctly, or whether a notice was effective.
In sum, the Regulations enable enforcement through standardised documentary instruments and administrative duties, they do not themselves levy penalties, and they make administrative offices the loci of enforcement action. Where enforcement depends on cross-jurisdictional cooperation, the Regulations prescribe the forms and remittance routes required for that cooperation.
How it interacts with other laws
The Regulations are explicitly subordinate to, and designed to operate in support of, The Maintenance Act of 1965, and they reference and replace previous subordinate instruments from earlier Acts. Key interactions set out in the text include the following.
Interaction with The Maintenance Act of 1965
The Regulations are made for the purposes of the Act and in multiple places rely upon or cross-reference Act sections. The Interpretation section explicitly defines "The Act" as "The Maintenance Act of 1965" for use throughout the Regulations (sec.5). Many procedural steps regulated in the Regulations are those authorised by the Act, for example certificates of arrears under s 45 of the Act (sec.26).
The Regulations do not displace the Act’s substantive provisions. Instead, they prescribe the Forms and administrative steps by which the Act’s powers and rights are exercised , for example, provisional orders that require confirmation by a competent court (sec.77) reflect the cross-border provisional confirmation scheme in the Act.
Interaction with Acts Interpretation Acts and earlier legislation
The Regulations state they are "without limiting the operation of 'The Acts Interpretation Acts, 1954 to 1962'", meaning general rules of statutory interpretation apply when construing the Regulations (sec.5).
The Regulations repeal all Rules of Court made under "The Maintenance Acts, 1949 to 1954" (sec.4(1)). They also repeal Regulations made under "The Interstate Destitute Persons Relief Acts, 1914 to 1944" as from the date Part III of these Regulations comes into operation (sec.4(2)). Further, they repeal Regulations and Rules of Court made under "The Maintenance Orders (Facilities for Enforcement) Acts, 1921 to 1959", except for transitional application to orders registered in the Supreme Court of Queensland before the commencement of Division 3 of Part IV of the Act, for purposes of subsections (4) and (5) of section five of the Act (sec.4(3) and proviso). These repeals and savings create a legal clean-up operation and a transitional bridge.
The cross-references to earlier Acts indicate the Regulations are the consolidating administrative rulebook designed to supplant older procedural instruments while preserving validity for certain previously registered orders.
Interaction with interstate and overseas legal systems
Parts III and IV of the Regulations operationalise registration, enforcement and variation procedures for interstate orders (other Australian States) and overseas orders (reciprocating countries). These Parts prescribe the forms to request registration, to notify other Collectors, to remit evidence and to request enforcement or cessation of enforceability in other jurisdictions (secs 35-50, 53-75). The Regulations therefore interface administrative elements of the Queensland system with counterpart courts and officers elsewhere.
The Regulations require specific authorities to act as the sending or receiving node: the Collector corresponds with Collectors in other Australian States, the Under Secretary is used for transmission to reciprocating countries, and clerks of the court in the receiving jurisdiction are the contact points for registration and notice (secs 36-41, 55-56, 61-67). These procedural connections presuppose legal reciprocity and cooperation; the Regulations standardise communication but do not guarantee substantive reciprocity by foreign or interstate authorities.
Operational and interpretive points
The Regulations’ reliance on the Schedule for the content of Forms means that the precise interplay between the Regulations and other laws often turns on the Schedule’s wording. The Schedule is integral to the Regulations’ practical operation.
Where the Regulations reference particular sections of the Act (for example, sec.26 referencing s 45 of the Act; sec.78 referencing s 25 and s 26 of the Act), they rely on substantive provisions of the Act for legal effects, such as when child-maintenance orders cease to have effect. Practitioners must read the Regulations in tandem with those Act provisions.
In practical terms, the Regulations are an ancillary instrument that organises proof, notice and remittance across jurisdictions and channels, relying on the Act for substance and on reciprocal practices and other statutes for cross-border effect.
Amendment history
The Regulations as presented include internal editorial annotations indicating later amendments and omissions. The text itself contains a limited set of declared changes, but the annotations provide explicit pointers to the Gazette publications where some amendments were made. The material available in the provided text shows the following lines of amendment history.
Specific amendments published in the Gazette are recorded for particular sections: s 13, s 14 and s 16 each carry an annotation "s 13 amd reg pubd gaz 16 December 1978 p 1858", "s 14 amd reg pubd gaz 16 December 1978 p 1858", and "s 16 amd reg pubd gaz 16 December 1978 p 1858" respectively. These annotations indicate that those regulations were amended by a regulation published in the Gazette on 16 December 1978 at page 1858.
Several sections are explicitly noted as omitted by later regulation: sections 23, 24, 25, 27 are indicated as "om reg pubd gaz 24 June 1978 p 998" for their omission. That is, these sections were removed by regulation published in the Gazette on 24 June 1978 at page 998.
The Regulations also show consolidated drafting in some areas where text is repeated, which appears to be an editorial consolidation rather than a substantive amendment (for example repetitive lines in secs 33-34 and 51-52 showing multiple formatting variants of the same duty lists).
What is not in the text
The full sequence of every amendment, including those outside the Gazette entries recorded in the present text, is not reproduced here. The Regulations do not provide a complete amendment timetable within their own body; rather, they carry annotations that refer to specific amendment instruments and dates.
The Schedule and its amendments are not displayed here; where a Form has been altered in its content, that would be visible only in the Schedule or in a later amending regulation that alters the Schedule. The present text identifies which Forms to use, and some amendments affected which Forms are used for particular orders (as seen in the s 13/14/16 annotations), but the Schedule’s current wording is not reproduced.
Practical implications of the amendment annotations
The presence of multiple Gazette references in this consolidated text means practitioners must check the Gazette entries cited for exact amendment language, and check the current consolidated Regulations as held by the statutory publisher if precise wording is needed for litigation or compliance.
Omitted sections indicate procedural simplification or restructuring at those amendment dates; practitioners should verify whether the substantive processes covered by omitted sections were repealed or relocated elsewhere in the Regulations or the Act.
In short, the amendment history visible in the text is confined to a handful of Gazette-noted amendments and omissions, and it signals that the Regulations have been edited since 1967, with changes at least in 1978. For a full amendment timeline and authoritative current text, consultees should refer to the official consolidated Regulations and the Gazette entries cited.
Litigation history
The supplied Regulations do not contain any case law citations, judicial considerations, or adjudicative history. There are no named cases in the text, and no summaries of litigation. The document is a subordinate instrument prescribing Forms and administrative duties, and the text itself does not report or summarise judicial interpretation.
What this absence implies for practitioners
There is no litigation history embedded in the Regulations to indicate judicial gloss on the meaning of any Form, or on administrative duties such as the Collector’s ledger obligations. Any interpretive disputes about the supply, adequacy or legal effect of Forms, or about the administrative duties prescribed by the Regulations, would likely be resolved by reference to the Act and to general rules of law, or by examining court decisions that interpret the Act and the Regulations. Those decisions, if any, are not cited here.
Practitioners seeking precedent on the operation, validity or enforceability of particular Forms (for example attachment of earnings notices, notices to employers, or the legal effect of Provisional orders) must consult case law under the Act rather than expecting it to be summarised in these Regulations. The Regulations themselves direct the procedural shape rather than interpret substantive legal questions that are the natural subject of litigation.
Recommended next steps given the silent Regulations
If litigation is anticipated, seek reported decisions on The Maintenance Act of 1965 and on the handling of maintenance orders across jurisdictions, to discover how courts have treated issues such as notice adequacy, the effect of substantial compliance with Forms, and the Collector’s duties.
Review the Gazette entries and the consolidated Regulations to ensure that any later amendments, judicial interpretations or practice directions that affect Forms or procedures are identified.
Because the Regulations do not contain litigation history, the place to find relevant authorities is the case law applying the Act, tribunal or court practice notes, and any administrative determinations concerning Collectors’ conduct or remittances.
Gotchas
The Regulations appear straightforward but contain several practical pitfalls and sources of friction that will matter to practitioners and administrators. These are concrete, source-grounded risks, not evaluative claims.
Reliance on the Schedule without the Schedule. Nearly every operative provision points to a Form in the Schedule. The Regulations prescribe which Form number to use for nearly every step. However, the Schedule itself is not reproduced here. Practitioners who rely only on the Regulations text without consulting the Schedule risk using the wrong wording or omitting required directions. The Regulations permit additions or deletions to a Form "as may be appropriate" (sec.6(3)), but the core defaults come from the Schedule, so the Schedule must be consulted.
Substantial compliance safety net is narrow. The Regulations allow "substantial compliance" instead of strict literal compliance with Forms (sec.6(2)). Substantial compliance is a fact-sensitive standard; parties may litigate whether a deviation was substantial or whether a Form was effective. That creates a potential evidentiary contest when parties challenge notices or the validity of administrative steps.
Administrative concentration at the Collector. The Collector is the hub for inter-State and overseas remittances, ledgers and supervisory functions (secs 33, 51). If the Collector’s office is understaffed, or ledger and cash-book practices are poor, remittances to entitled persons or to other jurisdictions can be delayed, undermining compliance with the Act and risking personal hardship for recipients.
Paper-centric language and technology mismatch. The Regulations explicitly permit any "convenient system, including a card index system" for ledgers and cash books (secs 33, 34, 51, 52). That language allows digital systems, but it also reveals that the Regulations were drafted in an era of paper records. Agencies modernising record-keeping need to map the Regulations’ record-keeping prescriptions to electronic audit trails, and ensure the digital equivalents meet the same evidentiary and supervisory functions required by the Regulations.
Provisional orders have no effect until confirmed, and the required wording may be omitted only at cost. Where a Provisional order is made and no Form is prescribed, the Regulations require the order to be headed "Provisional" and to include a prescribed footnote notifying that the order has no effect unless confirmed by a competent court (sec.77). Failure to use that heading or footnote may create arguments about whether a Provisional order had immediate legal effect.
Child-maintenance termination at age sixteen. The Regulations mandate the NOTE that a maintenance order ceases to have effect when the child attains the age of sixteen years unless the Court specifically orders an extension, and they reference ss 25 and 26 of the Act (sec.78). Practitioners must be aware of that limitation and the need to obtain express extension orders if support beyond sixteen is sought. The Regulations’ insertion of the NOTE on the face of the order is a practical trap if omitted.
Omitted sections. Several sections were omitted by later regulations (sections 23-25, 27), annotated in the text. Absent knowledge of whether omitted material has been re-located, re-labelled, or grafted elsewhere, a practitioner relying on an older commentary may miss where those processes now sit.
Cross-border dependences. The interstate and overseas procedures are heavily procedural: confirmation, remittance of depositions and evidence, forms for requesting enforcement or cancellation of enforcement. Effective cross-border enforcement depends on counterpart officials in other jurisdictions acting on the Forms or requests. The Regulations standardise the paperwork but do not force other jurisdictions to adopt the same timelines or priorities.
Many Forms, many slip-ups. There are over 50 distinct Form numbers assigned to particular operations, including many similar-sounding items across interstate and overseas Parts (for example Forms No. 29, 30, 33, 38, 41 appear in a number of places). Using the wrong Form number can produce procedural objections.
These are operational "gotchas" that derive directly from the Regulations’ content: dependency on the Schedule, concentrated administrative responsibility, provisional order wording, child maintenance cessation, and the potential for disputes over substantial compliance.
How to comply
This section provides a practical checklist and step-by-step guidance tied to the Regulations for courts, clerks, Collectors, Assistant Collectors, applicants, respondents and employers. It assumes the reader has access to the Schedule and the underlying Act.
Use the Schedule Forms, but respect substantial compliance rules
Obtain the Schedule and ensure the current consolidated Forms are used for each process. The Regulations require Forms in the Schedule to be used (sec.6(1)), and the text assigns precise Form numbers to each class of complaint, order and notice (see, for example, sec.7 for complaints, sec.12 for maintenance orders, sec.29 for attachment of earnings).
Where literal perfection is infeasible, document the reasons for variations. The Regulations allow substantial compliance (sec.6(2)), but where a variation is necessary, record the nature of the variation and retain the original Form or draft that was used.
For Collectors, Deputy Collectors and Assistant Collectors: implement written ledger and cash-book systems
Set up ledgers and cash books that meet the specific record elements the Regulations require: for the Collector, ledgers showing all interstate or overseas orders received and sent, and records of matters and happenings related to those orders (secs 33(1)(a) and 51(1)(a)); for Assistant Collectors, cash books showing monies received for transmission and monies received from other jurisdictions for payment and their disposition (secs 34(a), 52(a)).
Ensure the systems provide an auditable trail for remittances and payments: the Collector must remit monies to other States or reciprocating countries and must pay monies received from those jurisdictions to entitled persons, or remit to Assistant Collectors (secs 33(1)(b),(c), 51(1)(c),(d), 34(b),(c), 52(b),(c)).
Map paper-based terms to electronic records. The Regulations permit "any convenient system" including card indexes, so modern electronic ledgering is acceptable, but maintain backups and exportable audit trails reproducing the ledger entries required by the Regulations.
Clerks of court: follow prescribed notice and remittance Forms
For registration, confirmation, remitting depositions, transfers and notices of confirmation or discharge of Provisional orders, use the Forms the Regulations list. Examples: request for registration of an interstate or overseas order uses Form No. 32 (secs 39, 61); notification of registration uses Form No. 33 (secs 40, 62); notice to defendant of registration uses Form No. 34 (secs 41, 63); remitting a Provisional order for further evidence uses Form No. 40 (secs 46, 66); notice of confirmation or discharge uses Form No. 41 (secs 47, 67).
When a Provisional order is remitted or confirmed, send copies of evidence as required by the Regulations (secs 47, 67).
Applicants and complainants: choose the correct application Form and preserve proof of service
Lodge complaints in the Form prescribed (Form No. 1) or, where no specific Form is prescribed, use Form No. 13 for notice of application (secs 7, 18). For interstate or overseas applications to the Collector to have a Queensland order made enforceable elsewhere, use Form No. 28 (secs 35, 53).
When asking for variation, suspension, discharge or revival, use the appropriate Forms (Form Nos 14-16, 35-36, 49-50; see secs 19-21, 42, 71-72), and preserve proof of service and receipt by the Collector or clerk.
Defendants and respondents: monitor notices and use prescribed responses
Ensure timely examination of any Form No. 34 notice of registration or Form No. 48 summons to show cause why a Provisional overseas order should not be confirmed (secs 41, 64).
If served with an order to attend or to furnish particulars (Form No. 27), comply or seek court relief through the prescribed application processes.
Employers and third-party payers: follow prescribed employer notices and attachment processes
If served with an attachment of earnings order, watch for Forms No. 24 (attachment order), No. 25 (notice of suspension/variation/cessation) and No. 26 (notice by employer that defendant is not an employee) (secs 29-31). Keep records of amounts withheld, amounts remitted, and communications with the clerk or Collector.
Drafting provisional orders and child-maintenance orders
If a Provisional order is issued and no Form is provided, ensure it is headed "Provisional" and includes the exact footnote the Regulations prescribe, stating it has no effect until confirmed by the competent court named (sec.77).
For child-maintenance orders, ensure the NOTE about cessation at the child’s sixteenth birthday, or upon death, adoption or death of the person against whom the order was made, appears on the face of the order and references ss 25 and 26 of the Act (sec.78).
Inter-jurisdictional communication
When sending requests to other Australian States, use the Collector-to-Collector Forms the Regulations assign, such as Form No. 29 for requests that an overseas order be made enforceable in another Australian State, and Form No. 42 to request enforcement in a court (secs 36, 48, 68).
For reciprocating countries, follow the route requiring the Collector to send requests to the Under Secretary where the Regulations require it (sec.55), and use prescribed Forms for notification and remittance (secs 62, 75).
Certificates and arrears
When seeking a certificate of arrears under s 45 of the Act, ensure the certificate is in Form No. 21 (sec.26). For certificates of amounts paid or unpaid generally, use Form No. 53 (sec.76). Maintain supporting ledgers and receipts to substantiate the certificate entries.
Keep the statutory context to hand
The Regulations implement the Act and refer to substantive provisions in it. Practitioners must combine the procedural duties here with the Act’s substantive rules, especially regarding enforcement powers, the legal effect of Provisional orders and the conditions under which orders cease or may be varied (secs 26, 77, 78 refer to the Act).
In sum, compliance is a mixture of documentary rigidity and practical flexibility. Rely on the Schedule for content, use the correct Form number for the procedural step, keep full ledgers and cash books as required, ensure remittances are made promptly, and preserve documentary proof of service and transmission when dealing with interstate or overseas authorities. Where forms are not strictly identical or cannot be strictly followed, document why a variation was necessary and ensure the substance of the Form is met to satisfy the "substantial compliance" standard (sec.6(2)).
Without limiting the operation of “ The Acts Interpretation Acts , 1954 to 1962,” in these Regulations, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:—
“ Schedule ”—The Schedule to these Regulations;
“ The Act ”—“ The Maintenance Act of 1965 .”
“ Schedule ”—The Schedule to these Regulations;
“ The Act ”—“ The Maintenance Act of 1965 .”
sec.6 Forms
sec.6 Forms
The Forms set out in the Schedule to these Regulations shall be used for the purposes for which they are respectively designed.
Strict compliance with a Form in the Schedule is not necessary and substantial compliance is sufficient.
A Form shall be completed in accordance with any directions contained in that Form, and with such additions thereto and deletions therefrom as may be appropriate for the purpose for which the Form is used.
(sec.6-ssec.1) The Forms set out in the Schedule to these Regulations shall be used for the purposes for which they are respectively designed.
(sec.6-ssec.2) Strict compliance with a Form in the Schedule is not necessary and substantial compliance is sufficient.
(sec.6-ssec.3) A Form shall be completed in accordance with any directions contained in that Form, and with such additions thereto and deletions therefrom as may be appropriate for the purpose for which the Form is used.
pt.II Local Maintenance
Local Maintenance
sec.7 Complaints
sec.7 Complaints
A complaint shall be sufficiently made for the purposes of the Act if the cause of complaint is stated in or to the effect of one of the forms in Form No. 1 of the Schedule, as appropriate.
sec.8 Orders
sec.8 Orders
In any order in Form No. 3, Form No. 6, Form No. 7, Form No. 8, Form No. 10, Form No. 11, or Form No. 12 of the Schedule the Preamble to the order shall include the matter set out in Form No. 2 of the Schedule, as appropriate.
sec.9 Nominal Orders
sec.9 Nominal Orders
An order for the payment of a merely nominal amount of maintenance shall be in Form No. 3 of the Schedule.
sec.10 Preliminary Orders
sec.10 Preliminary Orders
An order made ex parte for the preliminary maintenance of a child shall be in Form No. 4 of the Schedule.
sec.11 Interim Orders
sec.11 Interim Orders
An interim order for the payment of maintenance pending the hearing and determination of a complaint shall be in Form No. 5 of the Schedule.
sec.12 Maintenance Orders
sec.12 Maintenance Orders
An order for the maintenance of a person shall be in Form No. 6 of the Schedule.
sec.13 Maintenance Orders—Children
sec.13 Maintenance Orders—Children
An order for the maintenance of a child whose parents were not married to each other at the time of its conception and have not since married each other shall be in Form No. 7 of the Schedule.
s 13 amd reg pubd gaz 16 December 1978 p 1858
sec.14 Orders for payment of preliminary expenses
sec.14 Orders for payment of preliminary expenses
An order for the payment of preliminary expenses of a mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 8 or Form No. 9 of the Schedule, whichever is appropriate.
s 14 amd reg pubd gaz 16 December 1978 p 1858
sec.15 Orders for payment of funeral expenses of children
sec.15 Orders for payment of funeral expenses of children
An order for the payment of funeral expenses of a child shall be in Form No. 10 of the Schedule.
sec.16 Orders for payment of funeral expenses of unmarried mothers
sec.16 Orders for payment of funeral expenses of unmarried mothers
An order for the payment of funeral expenses of the mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 11 of the Schedule.
s 16 amd reg pubd gaz 16 December 1978 p 1858
sec.17 Orders for payment of medical and the like expenses
sec.17 Orders for payment of medical and the like expenses
An order for the payment of medical or the like expenses shall be in Form No. 12 of the Schedule.
sec.18 Applications generally
sec.18 Applications generally
Wherever, under the Act , an application may be made to the court for any purpose, and no specific Form for such application is prescribed by these Regulations, notice of the application may be given in Form No. 13 of the Schedule.
sec.19 Application for discharge, suspension, or variation of orders
sec.19 Application for discharge, suspension, or variation of orders
Notice of an application for the discharge, suspension, or variation of an order shall be in Form No. 14 of the Schedule.
sec.20 Applications for revival of suspended orders
sec.20 Applications for revival of suspended orders
Notice of an application for the revival of a suspended order shall be in Form No. 15 of the Schedule.
sec.21 Applications for annulment of affiliation orders
sec.21 Applications for annulment of affiliation orders
An order to show cause why an affiliation order should not be annulled shall be in Form No. 16 of the Schedule.
sec.22 Applications for discharge of orders apparently abandoned
sec.22 Applications for discharge of orders apparently abandoned
An order to show cause why an order that appears to have been abandoned should not be discharged shall be in Form No. 17 of the Schedule.
Section sec.23
s 23 om reg pubd gaz 24 June 1978 p 998
Section sec.24
s 24 om reg pubd gaz 24 June 1978 p 998
Section sec.25
s 25 om reg pubd gaz 24 June 1978 p 998
sec.26 Certificates of arrears
sec.26 Certificates of arrears
A certificate of arrears granted under section forty-five of the Act shall be in Form No. 21 of the Schedule.
Section sec.27
s 27 om reg pubd gaz 24 June 1978 p 998
sec.28 Order for sale of goods
sec.28 Order for sale of goods
An order for the seizure and sale of goods, chattels or securities, or for the demand and receipt of annuities, rents and other moneys, shall be in Form No. 23 of the Schedule.
sec.29 Attachment of earnings order
sec.29 Attachment of earnings order
An attachment of earnings order shall be in Form No. 24 of the Schedule.
sec.30 Cessation, &c., of attachment of earnings order
sec.30 Cessation, &c., of attachment of earnings order
A notice that an attachment of earnings order has been suspended or varied or has ceased to have effect shall be in Form No. 25 of the Schedule.
sec.31 Notice by employer that defendant is not his employee
sec.31 Notice by employer that defendant is not his employee
A notice by a person to whom an attachment of earnings order is directed that the defendant is not, or is no longer, his employee shall be in Form No. 26 of the Schedule.
sec.32 Order to attend for examination or to furnish particulars
sec.32 Order to attend for examination or to furnish particulars
An order to a defendant to attend before a court to be examined concerning his means and ability to comply with an order or to state to the court or to furnish to the court any other particulars, and an order to a person who appears to be indebted to a defendant or to be his employer to furnish to the court any particulars shall be in Form No. 27 of the Schedule.
pt.III Interstate Maintenance
Interstate Maintenance
sec.33 Duties of the Collector, &c.
sec.33 Duties of the Collector, &c.
The duties of the Collector shall be—
To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—
All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
To remit moneys received by him for transmission to another Australian State to the Collector for that State; and
To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
The duties of the Deputy Collector and of Assistant Collectors shall be to carry out the directions of and be responsible to the Collector.
(sec.33-ssec.1) The duties of the Collector shall be— To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed; To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons; To remit moneys received by him for transmission to another Australian State to the Collector for that State; and To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(sec.33-ssec.2) The duties of the Deputy Collector and of Assistant Collectors shall be to carry out the directions of and be responsible to the Collector.
(a) To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing— (i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed; (ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;
(b) To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;
(c) To remit moneys received by him for transmission to another Australian State to the Collector for that State; and
(d) To direct and supervise the operations of the Deputy Collector and Assistant Collectors.
(i) All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;
(ii) All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orde
This is an opening excerpt, not the complete document.