Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 72

Enforcement of Victorian orders in other States

72. Enforcement of Victorian orders in other States



(1) Where a Victorian order is presently enforceable in Victoria but not in
any other Australian State, and it appears to the Collector that the defendant
is resident in, or proceeding to, another Australian State, the Collector may
send to the Collector for that other Australian State-

   (a)  three certified copies of the order;

   (b)  a Collector's certificate relating to the order;

   (c)  such information and material as the Collector possesses for
        facilitating the identification, and ascertaining the whereabouts, of
        the defendant; and

   (d)  a request in writing that the order be made enforceable in that other
        Australian State.

(2) Where-

   (a)  a Victorian order is, under the law of another Australian State,
        enforceable in that other Australian State; and

   (b)  the Collector is satisfied that there are reasonable grounds for
        believing that the defendant is not resident in, or proceeding to,
        that other Australian State or it appears to the Collector that there
        is some other good reason why the order should no longer be
        enforceable in that other Australian State-

he may send to the Collector for that other Australian State a request in
writing that the order be made no longer enforceable in that other Australian
State and, for the purposes of this Act, the order shall, upon the sending of
the request, be deemed to cease to be enforceable in that other Australian
State.

(3) The fact that a Victorian order has ceased to be enforceable in another
Australian State by reason of action taken in that other Australian State as a
result of a request made under the last preceding subsection does not prevent
a further request under subsection (1) of this section that the order be again
made enforceable in that other Australian State.

(4) Where a Victorian order is, in pursuance of a request under subsection (1)
of this section, made enforceable in another Australian State-

   (a)  the order ceases to be enforceable in Victoria;

   (b)  the order remains unenforceable in Victoria unless and until it ceases
        to be enforceable in that other Australian State; and

   (c)  every warrant or other process under this Act arising out of the order
        previously issued in Victoria and not executed ceases to have effect.