Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 98

Governor in Council to declare reciprocating countries

98. Governor in Council to declare reciprocating countries



(1) Where the Governor in Council is satisfied that the law of a country makes
provision for the enforcement in that country of maintenance orders made in
another country and that under that law Victorian orders may be made
enforceable in that country, the Governor in Council may, by proclamation
published in the Government Gazette, declare that country to be a
reciprocating country for the purposes of this Division.

(2) If it appears to the Governor in Council that the jurisdiction of the
courts of a country specified, or to be specified, in a proclamation under the
last preceding subsection to make maintenance orders extends to the making of
orders that are not of the same kind as orders that may be made in Victoria
under Part II of this Act he may, by the same or a subsequent proclamation,
declare that that country has restricted reciprocity with the State of
Victoria.

(3) In a proclamation made under subsection (1) or subsection (2) of this
section the Governor in Council may specify, in relation to the country to
which the proclamation applies, a date, which may be before or after or the
same day as the date of the proclamation, and declare that maintenance orders
made in that country on or after that date shall be enforceable in Victoria in
accordance with the provisions of this Division.

(4) The Governor in Council may, by the like proclamation, revoke or vary or
further vary any proclamation made under subsection (1) or subsection (2) of
this section or any corresponding previous enactment.

(5) Where a country that has been a reciprocating country ceases to be a
reciprocating country-

   (a)  a maintenance order made in that country and enforceable in Victoria
        by virtue of this Subdivision shall cease to be so enforceable; and

   (b)  every warrant or other process under this Act arising out of any such
        order previously issued in Victoria and not executed shall cease to
        have effect-

but this subsection shall not affect the validity of anything done under this
subdivision for the enforcement of a maintenance order while that country was
a reciprocating country.

(6) At least once in every year the Collector shall cause to be published in
the Government Gazette a list of the names of the reciprocating countries,
showing the respective dates upon which they became reciprocating countries,
the dates, if any, on or after which maintenance orders made in those
countries are enforceable in Victoria and indicating which of those countries
are countries having restricted reciprocity.

(7) Production of a copy of the Government Gazette containing such a list
shall be evidence of the matters stated in the list and of the fact that a
country shown in the list as a reciprocating country of either class continues
to be a reciprocating country of that class.

Subdivision 4-General