Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 50

  (1)   This regulation applies if:

  (a)   the Secretary receives from a Transmitting Agency in a convention country an application for:

  (i)   recovery of maintenance that a person claims is required, under a law of the Commonwealth or of a State or Territory, to be paid by another person; or

  (ii)   variation of an existing order for maintenance; and

  (b)   there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the Commonwealth or of a State or Territory.

  (2)   The Secretary may do anything required to be done on behalf of the claimant by a Receiving Agency under the Convention to recover the maintenance.

  (3)   Things that may be done by the Secretary do not include registration or enforcement of an order mentioned in, or sought by, the application.

  (4)   However, an Australian court may, in proceedings under this Part, have regard to the application and the record of proceedings of a court that made any order to which the application relates.

  (5)   This regulation does not affect the operation of Part   III of these Regulations.