Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 126

126 Court may require defendant to state his or her employer etc.

(1) In this section—

"defendant" includes a person in respect of whom an application is made under subsection (2) .

(1A) Subsection (2) applies in relation to—

(a) an order made in Queensland or elsewhere that is at the material time in force and is enforceable in Queensland under this Act; and

(b) a nominal order made under section 21 that is at the material time in force whether or not proceedings may be duly taken at that time to enforce the order.

(2) The clerk of the court at any place within the Magistrates Court district in which a person against whom is an order in relation to which this subsection applies resides or carries on or is employed at a place of business may at any time make an ex parte application to the court for the exercise of 1 or more of the powers referred to in subsection (3) .

(3) In any proceedings under this Act (whether instituted under subsection (2) or any other provision of this Act), the court may—

(a) direct the defendant to attend before the court, at a specified time, to be examined concerning the defendant’s means and ability to comply with any order that is or may become enforceable against the defendant under this Act; or

(b) direct the defendant to state to the court or to furnish to the court within a specified period a statement signed by the defendant specifying—

(i) the name and address of the defendant’s employer or, if the defendant has more employers than 1, of each of the defendant’s employers; and

(ii) particulars as to the defendant’s earnings; and

(iii) such particulars as the court thinks are necessary to enable the defendant to be identified by any of the defendant’s employers; or

(c) direct any person who appears to the court to be indebted to the defendant or to be the employer of the defendant to furnish to the court, within any time fixed by the court, a statement signed by the person or on the person’s behalf containing such particulars as are specified in the direction of the person’s indebtedness to the defendant or of all the earnings of the defendant that became payable by that person during a specified period, as the case may be.

(4) A document purporting to be a statement referred to in subsection (3) shall be received in evidence in any proceedings under this Act and shall, unless the contrary is shown, be deemed without further proof to be such a statement.

(5) If the court to which application is made under subsection (2) gives a direction referred to in subsection (3) , a copy of its order shall be served on the person to whom it is directed in the same manner as a summons may be served under the Justices Act 1886 and the provisions of section 56 of that Act shall apply accordingly.

(6) Any person who—

(a) without reasonable cause or excuse, refuses or fails to comply with a direction under this section that is applicable to the person; or

(b) in any statement furnished to a court pursuant to the provisions of this section, makes a statement that the person knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true;

shall be guilty of an offence against this Act.

Penalty—

Maximum penalty—$200 or 6 months imprisonment.

(7) Where a person fails to attend before a court as required by an order made under subsection (3) and served on the person the court may issue a warrant directed to any police officer or police officers by name or generally to all police officers or to the holder of an office nominated by the court and ordering such person’s apprehension and production before the court with a view to the person complying with the order made under subsection (3) .

(8) A warrant issued under subsection (7) —

(a) shall be lawful authority to the person to whom it is directed to apprehend the person in respect of whom it is issued at any place where the person may be found within Queensland and to bring the person before the court at the place where the warrant was issued; and

(b) shall be, as nearly as may be, in the form required for a warrant issued under the Justices Act 1886 ; and

(c) shall remain in force until it is executed; and

(d) where it is directed to all police officers—may be executed by any police officer thereof as if it were directed to the police officer by name.