Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 85

Registration of overseas orders

85. Registration of overseas orders



(1) Where the Secretary to the Department of Justice receives-

   (a)  a certified copy of an overseas order; and

   (b)  a certificate signed by an officer of a court or other authority in
        the reciprocating country relating to the order and containing-

   (i)  a statement that the order is, at the date of the certificate,
        enforceable in that reciprocating country; and

   (ii) a statement as to the amount of any arrears due under the order,
        distinguishing any amount in respect of which the defendant has been
        imprisoned- the Secretary 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 received by him to the
        Collector.

(2) In the case of an overseas order originating in a country having
restricted reciprocity, the Secretary to the Department of Justice shall not
send the documents relating to the order to the Collector unless the Secretary
is satisfied that the order is a maintenance order of such a kind as can be
made under Part II of this Act.

(3) Where the Collector receives from the Secretary to the Department of
Justice the documents referred to in subsection (1) of this section, he shall
send the documents to the principal registrar of the Magistrates' Court with a
request that the principal register the order in the Court.



(4) Where a request is so made, the principal registrar shall register the
order and file in the court a certified copy of the order and the certificate
relating thereto.

(5) An overseas 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.

(6) Upon registration of an overseas order, the Collector shall notify an
officer of the court or other authority in the reciprocating country
accordingly and 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.