Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 68

Definitions

68. Definitions



(1) In this Division, unless inconsistent with the context or subject-matter-

another Australian State means an Australian State other than Victoria;

Australian State means a State or Territory of the Commonwealth;

certified copy-

   (a)  in relation to a maintenance order or other order of a court (not
        being an order made under the Matrimonial Causes Act 1959 of the
        Commonwealth as amended by subsequent Acts)-means a copy of the order
        certified to be a true copy by an officer of the court that made the
        order or a copy of such a copy certified to be a true copy by an
        officer of a court in or by which the order has been registered or
        confirmed;

   (b)  in relation to a maintenance order or other order made under the
        Matrimonial Causes Act 1959 of the Commonwealth as amended by
        subsequent Acts means-

   (i)  a certificate of the order issued under the rules made under that Act;

   (ii) if the order is included in a decree nisi a copy of the decree nisi;
        or

   (iii) a copy of such a certificate or of the decree nisi in which the order
        is included certified to be a true copy by an officer of a court in
        which the order has been registered under that Act; and

   (c)  in relation to a record of the evidence of a witness in proceedings
        before a court-means a copy of the record certified to be a true copy
        by an officer of that court;

Collector-

   (a)  in relation to Victoria-means the Collector of Maintenance, the Deputy
        Collector of Maintenance or an Assistant Collector of Maintenance
        appointed under this Division; and

   (b)  in relation to another Australian State-means an officer appointed
        under the law of that Australian State whose duties, or part of whose
        duties, are similar to those of the Collector of Maintenance, the
        Deputy Collector of Maintenance or an Assistant Collector of
        Maintenance appointed under this Division;

Collector's certificate-

   (a)  in relation to a Victorian order, or an overseas order enforceable in
        Victoria-means a certificate in or to the effect of the prescribed
        form signed by the Collector; and

   (b)  in relation to a maintenance order made in another Australian State,
        or an overseas order that is or has been enforceable in another
        Australian State-means a certificate in or to the effect of such form
        prescribed by or under the law of that other Australian State as
        corresponds with the form of Collector's certificate prescribed for
        the purposes of this Division;

complainant, in relation to a maintenance order or to proceedings in connexion
with a maintenance order, means the person for whose benefit the maintenance
order was made, or a person acting on behalf of that person;

country includes any State, Province or other part of a country outside
Australia, or any Territory of such a country;

country having restricted reciprocity means a reciprocating country that is
for the time being declared by a proclamation in force under section
ninety-eight of this Act to have restricted reciprocity with the State of
Victoria;

court means a court, or a magistrate, justices or any other person or persons
exercising judicial power, whether constituted or acting under the law of
Victoria, any other Australian State, the Commonwealth, or a reciprocating
country;

defendant, in relation to a maintenance order or to proceedings in connexion
with a maintenance order, means the person against whom the order was made;

depositions, in relation to a witness in proceedings, means the record, or a
certified copy of the record, of the evidence of that witness in those
proceedings;

interstate order means a maintenance order-

   (a)  made in another Australian State by a court of summary jurisdiction or
        by a magistrate or justices; or

   (b)  made by the Supreme Court of another Australian State (whether under
        the law of that Australian State or under a law of the Commonwealth)
        and registered, for the purposes of enforcement, in a court of summary
        jurisdiction under a law of an Australian State or under a law of the
        Commonwealth;

justice means justice of the peace;

maintenance order means an order (whether made before or after the
commencement of this Act and whether made in Victoria or elsewhere), being-

   (a)  an order whereby a person is ordered to pay money, whether in a lump
        sum or by instalments, or to pay sums of money periodically, for or
        towards the maintenance of another person or by way of recoupment of
        moneys spent in, or provided for, the maintenance of another person;
        or

   (b)  an order made under, or of a kind similar to an order made under
        Subdivision 7 of Division 1 of Part II of this Act- and, if such an
        order has been varied, means the order so varied and all orders
        (wherever made) by which it has been varied;

officer, in relation to a court, includes a person, or one of the persons,
constituting the court;

overseas order in relation to a reciprocating country, means-

   (a)  in any case where in a proclamation under section ninety-eight of this
        Act declaring that country to be a reciprocating country it is
        declared that maintenance orders made in that country shall be
        enforceable in Victoria in accordance with the provisions of this
        Division from a date specified in the proclamation-a maintenance order
        made on or after that date in that country by a court of competent
        jurisdiction; and

   (b)  in any other case-a maintenance order made in that country (whether
        before or after the making of the proclamation) by a court of
        competent jurisdiction;

reciprocating country means a country that is for the time being declared by a
proclamation in force under section ninety-eight of this Act to be a
reciprocating country for the purposes of this Division;

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Victorian order means a maintenance order-

   (a)  made in Victoria the Magistrates' Court; or

   (b)  made by the Supreme Court of Victoria (whether under the law of
        Victoria or under a law of the Commonwealth) and registered, for the
        purposes of enforcement, in a court of summary jurisdiction under a
        law of an Australian State or under a law of the Commonwealth.

(2) A reference in this Division to a certified copy of an order shall, where
the order has been varied or otherwise affected by a provisional order of one
court that has effect by virtue of the fact that it has been confirmed
(whether with or without modification) by another court, be read as including
a reference to both a certified copy of the provisional order and a certified
copy of the confirming order.

(3) A reference in this Division to an order made by a court shall be read as
including a reference to an order made by another court on an appeal in
connexion with proceedings that originated in the first-mentioned court.

(4) For the purposes of this Division, where a person is working in a place,
whether temporarily or permanently, he shall be deemed to be resident in that
place as well as in the place where he is in fact resident.