Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 73

Enforcement of orders made in other Australian States

73. Enforcement of orders made in other Australian States



(1) Where the Collector receives from the Collector for another Australian
State-

   (a)  three certified copies of an interstate order made in that State;

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

   (c)  a request in writing that the order be made enforceable in Victoria-

he shall, if it appears to him that there are reasonable grounds for believing
that the defendant is resident in, or proceeding to, Victoria, send the
documents to the principal registrar of the Magistrates' Court with a request
that the principal registrar register the order in the Court.

(2) Where a request is so made to the principal registrar, the principal
registrar shall (whether or not the order is of such a kind as could be made
in Victoria) register the order and file in the court a certified copy of the
order and the Collector's certificate.

(3) An interstate order so registered, shall until the registration is
cancelled, be enforceable in Victoria, both as regards any arrears payable
under the order and as regards amounts becoming due under the order after it
is so registered.

(4) Upon registration of the interstate order, the Collector shall notify the
Collector for the other Australian State accordingly and shall cause a
certified copy of the order to be served upon the defendant, together with a
notice of registration of the order in Victoria-

   (a)  specifying the amount, if any, of the arrears due under the order;

   (b)  stating that payments under the order are to be made to the Collector;
        and

   (c)  giving an address at which such payments may be made.

(5) Where-

   (a)  an interstate order is registered in Victoria under this section; and

   (b)  the Collector receives from the Collector for the other Australian
        State a request in writing that the order be made no longer
        enforceable in Victoria-

the Collector shall request the principal registrar of the Magistrates' Court
to cancel the registration of the order, and the principal registrar shall
thereupon cancel the registration.

(6) Where the registration of an interstate order is so cancelled-

   (a)  the order shall cease to be enforceable in Victoria;

   (b)  the order shall remain unenforceable in Victoria unless and until it
        is again registered in Victoria; and

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