MAINTENANCE ACT 1965 - As at 1 March 2023 - Act 44 of 1965
- As at 1 March 2023
- Act 44 of 1965
Table of Provisions
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 (Repealed)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 (Repealed)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
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Subdivision 2 - (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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.