FAMILY LAW REGULATIONS (AMENDMENT) 1987 NO. 85 FAMILY LAW REGULATIONS (AMENDMENT) 1987 NO. 85 - TABLE OF PROVISIONS 1. Principal Regulations 2. 3. Schedule-minor amendments SCHEDULE 1987 No. 85 FAMILY LAW REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Family Law Regulations. 1987 No. 85 FAMILY LAW REGULATIONS (AMENDMENT) - REG 2 2. After regulation 28 of the Principal Regulations the following regulation is inserted: Power to make order upon United States petition "28A. (1) Where: (a) a petition has been filed in a court in a reciprocating jurisdiction in the United States of America seeking a support order against a person alleged in the petition to have a duty of support; (b) that court gives a certificate to the effect that the petition sets forth facts from which it may be determined that the person owes such a duty of support; (c) the Secretary has received certified copies of the petition and the certificate, together with a copy of the provisions of the law of that jurisdiction to which the petition and certificate relate; and (d) there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, Australia; the Secretary shall cause those documents to be sent to the registrar of a court having jurisdiction under the Act. "(2) Upon receiving the documents referred to in subregulation (1), the registrar of a court may issue an application calling upon the person alleged in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made. "(3) An application shall be served in accordance with paragraph 5 (1) (a), (b) or (c) of Order 18 of the Rules of Court. "(4) On the hearing of an application, a person who, if the order to which the application relates were made, would be entitled to money payable under the order may appear personally or be represented by: (a) a legal practitioner; (b) the registrar of a court; (c) an officer of the Attorney-General's Department; or (d) a person holding office as the Collector of Maintenance, a Deputy Collector of Maintenance or an Assistant Collector of Maintenance under the law of the State or Territory in which the court is situated. "(5) On the hearing of an application, it shall be open to the respondent to raise any ground of opposition that the respondent: (a) could have raised in relation to the petition in the relevant court in the United States of America; or (b) could raise in proceedings in relation to the provision of maintenance in a court in Australia having jurisdiction under the Act. "(6) On the hearing of an application, the court may: (a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification); (b) refuse to make an order; or (c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition. "(7) Where an order is made under this regulation, the court may, if it thinks fit, specify: (a) the time or times by which the money payable under the order is to be paid; (b) the person, authority or court to whom or to which that money is to be paid; and (c) where necessary, the means by which that money shall be paid or disbursed. "(8) Where the court adjourns the proceedings under paragraph (6) (c), the court may make such interim orders for periodic payments by the respondent as it thinks fit. "(9) Where, in relation to a petition, the court makes or refuses to make an order under this regulation, the registrar of the court shall, as soon as practicable after the making of such decision, give notice of the decision to the court in which the petition was filed or other authority in the United States of America which caused the petition to be sent to the Secretary. "(10) In this regulation: 'application' means an application under subregulation (2); 'certificate' means a certificate referred to in paragraph (1) (b); 'petition' means a petition referred to in paragraph (1) (a). "(11) In this regulation, a reference to a duty of support is a reference to a duty of support within the meaning of the law under which the relevant petition is filed in a reciprocating jurisdiction.". 1987 No. 85 FAMILY LAW REGULATIONS (AMENDMENT) - REG 3 Schedule-minor amendments 3. The Principal Regulations are amended as set out in the Schedule to these Regulations. 1987 No. 85 FAMILY LAW REGULATIONS (AMENDMENT) - SCHEDULE SCHEDULE Regulation 3 MINOR AMENDMENTS 1. Regulation 23 of the Principal Regulations is amended by omitting from subregulation (1) "present" and substituting "ordinarily resident in, present". 2. The following provisions of the Principal Regulations are amended by omitting "resident" and substituting "ordinarily resident in, present": Subregulation 26 (1), subparagraph 28 (1) (d) (i), subregulation 33 (2). - NOTES 1987 No. 85*1* FAMILY LAW REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 27 May 1987. *2* Statutory Rules 1984 No. 426 as amended by 1985 No. 183; 1986 Nos. 140 and 393.