MAINTENANCE ACT 1965

Queensland Consolidated Acts

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- As at 1 March 2023
- Act 44 of 1965

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
3. (Repealed)
4. Repeals and savings
5. Transitional
6. (Repealed)
7. Interpretation

PART 2 - MAINTENANCE AND OTHER ORDERS

Division 1 - Jurisdiction and powers of Magistrates Courts

Subdivision 1 - General

8. General jurisdiction of Magistrates Court in respect of maintenance orders
9. Matters affecting amount of orders

Subdivision 2 - Orders against husbands for maintenance of wives, and against parents for maintenance of children

10. Court may order husband to maintain wife
11. Court may order father to maintain children
12. Court may order mother to maintain children

Subdivision 3 - Orders against wives for maintenance of husbands

13. Court may order wife to maintain husband

Subdivision 4 - Orders against unmarried fathers or mothers for maintenance of children

14. Court may order unmarried father to maintain child
15. Court may order unmarried mother to maintain child
15A. Court may make order by consent

Subdivision 5 - Orders against putative fathers for preliminary expenses and for maintenance of unborn children

16. Court may order payment of preliminary expenses etc.
17. Court may order future maintenance of child upon complaint for preliminary expenses

Subdivision 6 - Orders for funeral expenses

18. Court may order payment of funeral expenses of children
19. Court may order father to pay funeral expenses of mother of child

Subdivision 7 - Orders for medical and like expenses

20. Orders for medical and like expenses

Division 2 - Nominal, preliminary and interim orders

Subdivision 1 - Nominal orders

21. Nominal orders
22. Nominal orders not to be enforced

Subdivision 2 - Preliminary and interim maintenance orders

23. Ex parte order for preliminary maintenance of child
24. Interim orders for payment of maintenance pending determination of case

Division 3 - General

Subdivision 1 - Commencement and duration of orders

25. Orders for maintenance of children
26. Extension of maintenance order after child’s 16th birthday
27. Orders for maintenance of wife, husband, or child may include limited provision for past maintenance
28. Duration of order for support of wife or husband
29. Recovery of arrears after cessation of order

Subdivision 2 - (Repealed)

Division 4 - Discharge, suspension, variation, and annulment of orders

31. Court may discharge, suspend, or vary order
32. Effect of suspension of order
33. Plural births
34. Court may revive suspended order
35. Court may annul affiliation order
36. Discharge of orders apparently abandoned
37. Variation of order as to place of payment

Division 5 - Procedural

38. Orders to direct mode of payment
39. Forwarding of orders to other courts
40. Regulations under this part

PART 3 - ENFORCEMENT OF ORDERS MADE IN QUEENSLAND

Division 1 - Enforcement by registration of certificate of arrears, or sale of goods

41. Interpretation
42. (Repealed)
43. (Repealed)
44. (Repealed)
45. Registration of arrears as civil judgement
46. (Repealed)
47. Orders for seizure of goods, chattels, securities, rents etc.

Division 2 - Enforcement by attachment of earnings

48. Interpretation
49. Application for attachment of earnings order
50. Employer to make payments under attachment of earnings order
51. Court may make attachment of earnings order instead of other order
52. Discharge or variation of attachment of earnings order
53. Cessation of attachment of earnings order
54. Compliance with attachment of earnings order
55. Where 2 or more attachment of earnings orders are in force
56. Notice to defendant of payments made
57. Determination as to what payments are earnings
58. Service
59. Offence
60. Dismissing an employee etc. by reason of the making of an attachment of earnings order
61. Reimbursement of wages and reinstatement
62. Application of this division
63. Wages Attachment Acts not to apply with respect to maintenance orders
64. Payments by Crown etc.

Division 3 - General

65. Provision where defendant maintained wife, husband or child during any period
66. Regulations under this part

PART 4 - RECIPROCAL ENFORCEMENT OF ORDERS

Division 1 - Interpretation and administration

67. Interpretation
68. Collector of maintenance
69. Powers etc. of the collector
70. Protection of collector
71. Appearance of collector etc.

Division 2 - Interstate maintenance

72. Transmission of Queensland orders for enforcement in other States
73. Enforcement in Queensland of orders made in other Australian States
74. Collector to notify original State when defendant leaves Queensland
75. Provisional variation etc. in Queensland of interstate orders
76. Discharge, suspension or variation of order made in absence of defendant
77. Law to be applied
78. Order of variation etc. to be provisional only
79. Procedure where provisional order remitted by court of other Australian State
80. Confirmation in Queensland of provisional orders made in other Australian States
81. Proceedings for enforcement

Division 3 - Overseas maintenance

82. Transmission of maintenance orders made in Queensland for enforcement in reciprocating countries
83. Power to make provisional order against person resident in reciprocating country
84. Cancellation of registration
85. Registration of overseas order
86. Confirmation of provisional orders made overseas
87. Order enforceable in Queensland may be sent to another Australian State
88. Registration of overseas orders registered or confirmed in another Australian State
89. Transmission of documents where defendant not in Queensland
90. Cancellation of registration
91. Proceedings for enforcement
92. Variation etc. in Queensland of overseas orders
93. Variations etc. in Queensland of overseas order made in absence of defendant
94. Law to be applied
95. Certain orders to be provisional only
96. Procedure where provisional order remitted by court in reciprocating country
97. Confirmation in Queensland of provisional orders of variations etc. made in reciprocating countries
98. Governor in Council may declare reciprocating countries

Division 4 - General

99. Transfer of order to another court
100. Payments under this part
101. Collector to notify changes in orders enforceable in other Australian States or reciprocating countries
102. Collector to note changes in orders made or enforceable in Queensland
103. Conversion of currency
104. Translation of orders, records etc.
105. Certificate of payment of arrears
106. Evidentiary
107. Service of documents
108. Regulations under this part

PART 5 - MISCELLANEOUS

109. Proof of marriage etc.
110. Husbands and wives competent and compellable witnesses
111. Resumption of cohabitation etc.
112. Offer to provide home
113. Application of the Justices Act 1886
114. Service of documents etc.
115. Complaints to be in writing and on oath etc.
116. Court may proceed in defendant’s absence in certain cases
117. Applications to be in writing
118. Court may set aside order made in the absence of the defendant
119. Complaints or applications made on behalf of persons
120. Evidence of earnings
121. Payments under orders
122. Further orders
123. Appropriation of moneys
124. Certificate of clerk of the court
125. Agreement no bar to making of maintenance order
126. Court may require defendant to state his or her employer etc.
127. Proceedings for the enforcement of orders
128. Hearing of complaints in camera
129. Publication of proceedings
130. Conciliation
131. Costs
132. Appearance by officers of the public service
133. Children in care
134. Appeals
135. General penalty
136. Summary proceeding
137. Common law etc. liability of husband preserved
138. Effect of Act on power to imprison and persons in prison
139. Regulations
140. Publication of proclamations etc.

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