Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 59

59. Section 110 of the Principal Act is amended-

         (a)  by omitting from sub-section (1) the definition of ''maintenance
order'' and substituting the following definition:

'' 'maintenance order' means-

   (a)  an order with respect to the maintenance of a party to a marriage;

   (b)  an order with respect to the maintenance of a child of a marriage who
        has not attained the age of 18 years, other than an order of the kind
        referred to in paragraph (c);

   (c)  an order with respect to the maintenance of a child of a marriage who
        has not attained the age of 18 years, being an order that is expressed
        to continue in force until a day that is later than, or for a period
        that extends beyond, the day on which the child will attain that age,
        where the provision of maintenance for the child is necessary to
        enable the child to complete a course of study, vocational training or
        an apprenticeship or to continue his education in any other way, or
        because the child is mentally or physically handicapped;

   (d)  an order with respect to the maintenance of a child of the marriage
        who has attained the age of 18 years, being an order that is expressed
        to continue in force until a day, or for a period, specified in the
        order, where the provision of maintenance for the child is necessary
        to enable the child to complete a course of study, vocational training
        or an apprenticeship or to continue his education in any other way, or
        because the child is mentally or physically handicapped; and

   (e)  to the extent provided by the regulations, an order of the kind
        referred to in section 109;''; and

   (b)  by inserting after paragraph (2) (a) the following paragraph:

''(aa) the institution and prosecution, by an officer of a court having
jurisdiction under this Act, a prescribed authority of the Commonwealth, of a
State or of a Territory or a person for the time being holding a prescribed
office under a law of the Commonwealth, of a State or of a Territory, in his
or its discretion, of proceedings-

        (i)    on behalf of the person entitled to moneys payable under a
               maintenance order made by a court of a reciprocating country or
               of a country with restricted reciprocity, for the enforcement
               by a court having jurisdiction under this Act of that
               maintenance order; or

        (ii)   for the making of orders for the confirmation of provisional
               orders made by courts of reciprocating countries or of
               countries with restricted reciprocity, being provisional orders
               referred to in paragraph (d);''.