Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 7

7 Interpretation

(1) In this Act—

"adopted" —

(a) adopted in accordance with the law of Queensland, or the law of another State or of a Territory; or

(b) adopted in a country outside Australia and the Territories, if the adoption was effective according to the law of that country and the adoption is recognised by the law of Queensland as having effect in Queensland.

"child" , in relation to any person or persons, includes an adopted child of that person, or as the case may be, of those persons, but does not include a child of that person or those persons adopted by another person or persons; and
"mother" ,
"father" and
"parent" , in relation to a child, shall be construed accordingly.

"child of the family" , in relation to the parties to a marriage or to either of them and whether or not either party to the marriage is dead, means—

(a) any child of both parties; and

(b) any child of either party who has been accepted as one of the family by the other party;

and
"mother" ,
"father" , and
"parent" , in relation to a child of the family, shall be construed accordingly.

"clerk of the court" means a clerk of the court as defined in the Justices Act 1886 , and includes the clerk (maintenance), Magistrates Courts Office, Brisbane and any person who for the time being occupies, or performs the duties of, that office.

"Commonwealth" ...

"court" means a Magistrates Court constituted by a magistrate sitting alone or, in the case of a Magistrates Court referred to in an order in council under subsection (8) , by any 2 justices of the peace.

"Minister" ...

"preliminary expenses" , in respect of the confinement of a woman, means—

(a) the expenses of the maintenance of the woman during the period of 2 months immediately preceding the confinement; and

(b) reasonable medical, surgical, hospital and nursing expenses attendant upon the confinement; and

(c) the expenses of the maintenance of the woman and the child or children born to the woman during the confinement for 3 months immediately after birth.

"Queensland" ...

"repealed Acts" means the Act s repealed by section 4 , or any of them.

"Territory of the Commonwealth" ...

"The commencement of this Act" ...

"unmarried father" , in relation to a child, means the child’s father being a person who was not married to its mother at the time of its conception and who has not since married her.

"unmarried mother" , in relation to a child, means the child’s mother being a person who was not married to its father at the time of its conception and who has not since married him.

"woman" includes girl.

(2) For the purposes of the interpretation of
"child of the family" , a child of either party to the marriage shall, in the absence of proof to the contrary, be taken to have been accepted by the other party as one of the family if it is proved that at any time the child was ordinarily a member of the family household.

(3) For the purposes of this Act, a man and a woman married by a subsisting marriage, whether monogamous or polygamous, shall, if the marriage is lawful and binding in the place where it was solemnised, be regarded as husband and wife.

(4) For the purposes of this Act—

(a) in determining whether a person has been left without adequate means of support provided by another person, the court shall have regard to the accustomed condition in life, but not the means (not being means provided by that other person), or earning capacity, of the firstmentioned person; and

(b) the fact that payments have been made by the defendant for or towards the maintenance of a person for whose benefit an order is sought since the date of the complaint may be disregarded by the court in determining whether that person is left without adequate means of support provided by the defendant at the date of the hearing of the complaint, unless the court is satisfied that the defendant bona fide intends to continue to provide adequate means of support for that person.

(5) A reference in this Act to a person for whose benefit an order is sought or made shall not be construed as a reference to a person who makes a complaint or application on behalf of another person.

(6) A reference in this Act to an order shall be read and construed, where the order has been varied, as a reference to the order as varied from time to time.

(7) Where an order enforceable under this Act is for the benefit of 2 or more persons it shall be deemed to be a separate order in respect of each of the persons for whose benefit the order was made.

(8) The Governor in Council may, by order in council, declare that, in respect of a Magistrates Court held within a Magistrates Court district specified in that order in council, that court may, whenever a magistrate is not available, or it is not practicable for the magistrate to constitute the court, be constituted by 2 justices of the peace.

(9) Where a court is so constituted, and notwithstanding any other provision of this Act, all the powers, duties and authorities conferred or imposed upon a Magistrates Court by or under this Act may and where necessary shall be exercised by that court as so constituted.