Queensland Consolidated Acts

MAINTENANCE ACT 1965

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   4.      Repeals and savings
   5.      Transitional
   7.      Interpretation

           Part 2--Maintenance and other orders

           Division 1--Jurisdiction and powers of Magistrates Courts
           Subdivision 1--General

   8.      General jurisdiction of Magistrates Court in respect of maintenance orders
   9.      Matters affecting amount of orders
           Subdivision 2--Orders against husbands for maintenance of wives, and against parents for maintenance of children
   10.     Court may order husband to maintain wife
   11.     Court may order father to maintain children
   12.     Court may order mother to maintain children
           Subdivision 3--Orders against wives for maintenance of husbands
   13.     Court may order wife to maintain husband
           Subdivision 4--Orders against unmarried fathers or mothers for maintenance of children
   14.     Court may order unmarried father to maintain child
   15.     Court may order unmarried mother to maintain child
   15A.    Court may make order by consent
           Subdivision 5--Orders against putative fathers for preliminary expenses and for maintenance of unborn children
   16.     Court may order payment of preliminary expenses etc.
   17.     Court may order future maintenance of child upon complaint for preliminary expenses
           Subdivision 6--Orders for funeral expenses
   18.     Court may order payment of funeral expenses of children
   19.     Court may order father to pay funeral expenses of mother of child
           Subdivision 7--Orders for medical and like expenses
   20.     Orders for medical and like expenses

           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

           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
   45.     Registration of arrears as civil judgment
   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.
           Endnotes