Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 89

Transmission of documents where defendant not in Victoria

89. Transmission of documents where defendant not in Victoria



Where the Secretary to the Department of Justice receives documents relating
to an overseas order (including a provisional order) that have been
transmitted to Victoria for the purpose of having the order made enforceable
or confirmed in Victoria and it appears to him that the defendant is not
resident in, or proceeding to, Victoria but is resident in, or proceeding to
another Australian State or a reciprocating country other than that in which
the order was made, the Secretary to the Department of Justice may, instead of
taking steps with a view to the registration or confirmation of the order in
Victoria-

   (a)  transmit the documents to the Collector for that other Australian
        State or an appropriate authority in that other reciprocating country
        together with such information as he possesses concerning the
        whereabouts and intended movements of the defendant; and

   (b)  give to the officer of a court or other authority in the reciprocating
        country in which the order was made notice of the fact that he has so
        transmitted the documents.