Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 2

Repeal and saving

2. Repeal and saving



(1) The Maintenance Act 1958 shall be repealed.

(2) Except as in this Act expressly or by necessary implication provided-

   (a)  all persons things and circumstances appointed or created by or under
        the repealed Act or existing or continuing under the repealed Act
        immediately before the commencement of this Part shall under and
        subject to this Act continue to have the same status operation and
        effect as they respectively would have had if the repealed Act had not
        been repealed;

   (b)  in particular and without affecting the generality of the foregoing
        paragraph the repeal shall not disturb the continuity of status
        operation or effect of any proclamation regulation rule order
        complaint summons warrant application appeal determination decision
        indorsement direction certificate consent approval disapproval
        confirmation objection appointment registration condition recognizance
        notice fee liability or right made effected issued served granted
        given passed fixed accrued incurred or acquired or existing or
        continuing by or under the repealed Act before the commencement of
        this Part.



(3) An order made or continued in force under Part I of the repealed Act
immediately before the commencement of Part II of this Act shall continue to
be enforceable after the said commencement as if it were an order made under
the corresponding provisions of Part II of this Act.

(4) Any proceedings commenced under Part I of the repealed Act before the
commencement of Part II of this Act may be continued and an order made thereon
as if this Act had not been passed but, for the purpose of further
proceedings, such an order shall be deemed to have been made under the
corresponding provisions of this Act and shall be enforceable accordingly.

(5) An order registered by the clerk of a Magistrates' Court under section
twenty-three of the repealed Act and enforceable under that Act immediately
before the commencement of Part I of this Act shall, notwithstanding the
repeal of the said Act, continue to be enforceable after the said commencement
as if the said section twenty-three were enacted in Part II of this Act and
any reference therein to an Act were a reference to this Act.

(6) An order enforceable under Part IV of the repealed Act immediately before
the commencement of Subdivision 2 of Division two of Part IV of this Act
shall, on and from the said commencement, be deemed to be registered under the
said Subdivision in the Magistrates' Court at Melbourne.

(7) An order registered in a Magistrates' Court in Victoria under Part V of
the repealed Act and enforceable immediately before the commencement of
Subdivision 3 of Division two of Part IV of this Act shall, on and from the
said commencement, be deemed to be registered or enforceable as a confirmed
order, in that court under the said Subdivision.

(8) An order enforceable in the Supreme Court of Victoria under Part V of the
repealed Act immediately before the commencement of Subdivision 3 of Division
two of Part IV of this Act shall continue to be enforceable in the Supreme
Court after the said commencement in any manner in which it may have been
enforced before the said commencement and, with such modifications as are
necessary, in any manner in which an overseas order registered or confirmed
under the said Subdivision 3 may be enforced.

(9) For the purposes of this section an order that is suspended for the time
being shall be deemed to be an order that is enforceable.