Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 73

73 Enforcement in Queensland of orders made in other Australian States

(1) Where the collector receives from a collector for another Australian State—

(a) 3 certified copies of an interstate order made in that State; and

(b) a collector’s certificate relating to the order; and

(c) a request in writing that the order be made enforceable in Queensland;

the collector shall, if it appears to the collector that there are reasonable grounds for believing that the defendant is resident in, or proceeding to, Queensland, send the documents to the clerk of such court in Queensland as the collector deems appropriate, with a request that the order be registered in that court.

(2) Where a request is so made the clerk of the court shall (whether or not the order is of such a kind as could be made in Queensland) register the order by filing in the court a certified copy of the order and the collector’s certificate and noting the fact and date of the registration on that certified copy, and shall forthwith notify the collector of the fact of the registration.

(3) An interstate order so registered is, until the registration is cancelled, enforceable in Queensland, both as regards any arrears payable under the order and as regards amounts becoming due under the order after it is so registered.

(4) Upon registration of an interstate order—

(a) the collector shall notify the collector for the other Australian State accordingly; and

(b) the clerk of the court in which the order is registered shall cause a certified copy of the order to be served upon the defendant, together with a notice of the registration of the order in Queensland—

(i) specifying the amount (if any) of the arrears due under the order; and

(ii) stating that payments under the order are to be made to the clerk of the court for the place where the order is so registered; and

(iii) giving an address at which such payments may be made; and

(c) all moneys due or becoming due under the order are payable to the clerk of the court for the place where the order is so registered.

(5) Where—

(a) an interstate order is registered in Queensland under this section; and

(b) the collector receives from the collector for the other Australian State a request in writing that the order be made no longer enforceable in Queensland;

the collector shall request the clerk of the court in which the order is registered to cancel the registration of the order, and the clerk of the court shall thereupon cancel the registration by noting the fact and date of the cancellation on the certified copy of the order filed in the court.

(6) Where the registration of an interstate order is so cancelled—

(a) the order ceases to be enforceable in Queensland; and

(b) the order remains unenforceable in Queensland unless and until it is again registered in Queensland; and

(c) every warrant or other process under this Act arising out of the order previously issued in Queensland and not executed ceases to have effect.