Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 87

Order enforceable in Victoria may be sent to another Australian State

87. Order enforceable in Victoria may be sent to another Australian State



(1) Where an overseas order is enforceable in Victoria under this Subdivision,
and it appears to the Collector that there are reasonable grounds for
believing that the defendant has ceased to reside in Victoria and is resident
in, or proceeding to, another Australian State, the Collector may send to the
Collector for that Australian State-

   (a)  three certified copies of the overseas 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
        Australian State-

and if he does so, shall forthwith notify an appropriate officer in the
reciprocating country of the fact that he has so sent the documents.





(2) Where a request is made under the last preceding subsection-

   (a)  the order shall cease to be enforceable in Victoria and, if the order
        has been registered in a court in Victoria, that registration shall be
        deemed to be cancelled;

   (b)  the order shall remain unenforceable in Victoria unless and until it
        is registered, or 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.