Amendments of the Maintenance Orders (Facilities for Enforcement) Regulations (ACT)

AUSTRALIAN CAPITAL TERRITORY.

Regulations 1956. No. 16.

Regulations under the Maintenance Orders (Facilities

for Enforcement) Ordinance 1927-1956.

H E R E AS by section 12 of the Maintenance Orders (Facilities

m w	^ ^ _ for Enforcement) Ordinance 1927-1956 it is enacted that the
^ B ^ Attorney-General may make regulations, not inconsistent with that Ordinance, prescribing all matters whicli are, by that Ordinance, required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to that Ordinance:

And whereas by section 11 of that Ordinance it is enacted that the regulations may specify that—

(a) a part of the Queen's dominions outside England and

Northern I re land;

(b) a territory under the protection of the Queen;

(c) a territory administered by the Government of a part of

the Queen's dominions under the trusteeship system of the

United Nat ions ; or

(d) a country, or part of a country, which, or a part of which, has, at any time since the establishment of the Common- wealth, been a part of the dominions of the Crown,

which has made, or proposes to make, reciprocal provisions for the enforcement in that part , territory, country or par t of a country of maintenance orders made by Courts within the Terri tory is a reciprocating State for the purposes of that Ordinance:

0836/56\—PRICE 3D,

And whereas each of the parts of the Queen's dominions, each of the territories, each of the countries, and each par t of a country, which is specified in the following regulations has made, or proposes to make, reciprocal provisions for the enforcement in that part, territory, country or part of a country of maintenance orders made by Courts within the Terr i tory:

Now therefore I , Neil O'Sullivan, the Attorney-General of the

Commonwealth, in pursuance of the powers conferred upon me by the

Maintenance Orders (Facilities for Enforcement)	Ordinance 1927-1956,
hereby make the following Regulations.

Dated this seventeenth day of December, 1956.

N E I L O 'SULLIVAN
Attorney-General.

• Notified In the Commonwealth Gazette on 24th December, 1956,

AMENDMENTS OF THE MAINTENANCE ORDERS (FACILITIES FOE

ENFORCEMENT) REGULATIONS.*

1. Regulation 2 of the Maintenance Orders (Facilities for Enforce- ment) Regulations is repealed and the following regulation inserted in its stead:—

Definitions. " 2. I n these Regulations, unless the contrary intention appears—

' order ' means maintenance order;

' the cou r t ' means the Court of Pet ty Sessions;

' the Ordinance ' means the Maintenance Orders (Facilities for

Enforcement) Ordinance 1927-1956;

' the Secretary ' means the Secretary to the Attorney-General's

Depar tment" .

»

2. After regulation 2 of the Maintenance Orders (Facilities for

Enforcement) Regulations, the following regulation is inserted:—

Prescribed

officer. " 3. For the purposes of sections 3, 6 and 8 of the Ordinance, the prescribed officer is—

(a) in relation to an order to be registered or confirmed, or an order which has been registered or confirmed, in the Supreme Court—the Registrar of that Cour t ; and

(b) in relation to an order to be registered or confirmed or an order which has been registered or confirmed, in the Court of Pet ty Sessions—the Clerk of that Court.".

Entry of	3. Regulation 5 of the Maintenance (Orders (Facilities for Enforce-
Orders in
records.	ment) Regulations is amended by omitting the word " C l e r k " and inserting in its stead the words " Clerk of the Cour t " .
Provisional
order remitted	4. Regulation 6 of the Maintenance Orders (Facilities for Enforce-
(or further	ment) Regulations is amended by omitting from sub-regulation (1.)
evidence.	the word " I r e l a n d " and inserting in its stead the words " Northern Ireland ".

Notice to parties	5. Regulation 7 of the Maintenance Orders (Facilities for Enforc
of maTtê when1 ment) Regulations is amended by omitting the word " Ireland " an	•
further	inserting in its stead the words " Northern Ireland ".
depositions	°
taken.
Notice of	6. Regulation 8 of the Maintenance Orders (Facilities for Enforce-
to be sent to	ment) Regulations is amended by omitting from sub-regulation (1.)
Secretary.	^ g w o r ( j « I r e l and " and inserting in its stead the words " Northern Ireland ".
Payments to	7. Regulation 10 of the Maintenance Orders (Facilities for Enforce-
R6eg?straror	ment) Regulations is amended by omitting the words "Cle rk of the
clerk
-	Court " and inserting in its stead the words " Registrar of the Supreme Court or the Clerk of the Court, as the case requires ".

* For references to the Commonwealth Gazettes in which the original Regulations

and amending Kegulations made before 1939 were notihed, see footnote (a) on p. 3o(> of Vol. I I . of " Laws of the Austral ian Capital Terr i tory 1911-1938 " and for later amendments see Regulations 1954, No. 6.

8. Regulation 11 of the Maintenance Orders (Facilities for Enforce- ment) Eegulations is repealed and the following regulations are inserted in its stead:—

" 1 1 . — (1.) A statement giving the names of the parties in the case, Remission of

and particulars of the period covered by the payment, shall accompany "nX/order?

each remittance under section 8 of the Ordinance.

" (2.) The cost of the remittance, if any, shall be deducted from the

amount to be remitted.

" 12. Each of the parts of the Queen's dominions, each of the Reciprocating

territories, each of the countries, and each part of a country, which is specified in the Second Schedule to these Regulations is a reciprocating State for the purposes of the Ordinance.".

9. The Maintenance Orders (Facilities for E n f o r c e m e n t ) The Schedules.

«

Regulations are amended by omitting the words—

" T H E S C H E D U L E . "

and inserting in their stead the words—

" T H E S C H E D U L E S .

FIRST SCHEDULE.".

10. Regulations are amended by adding at the end thereof the following '
Schedule:— The Maintenance Orders (Facilities for Enforcement) Thh3e|*';°nd

SECOND SCHEDULE.

Regulation 12.

RECIPROCATING STATES.

Alberta	Newfoundland
Bahamas	New Guinea
Barbados	New South Wales
Basutoland	New Zealand
Bechuanaland	Nigeria
Bermuda	Norfolk Island
British Columbia	Northern Rhodesia
British Guiana	Northern Territory
British Honduras	I	Nova Scotia
.British Solomon Islands	Nyasaland

ICeylon	Ontario
iCocos Island	Papua
Cyprus	Prince Edward Islands
Falkland Islands	Queensland
Federation of Malaya	St. Lucia
Fiji	St. Vincent
Gambia	Saskatchewan
Gibraltar	Seychelles
Gilbert and Elliee Islands	Sierra Leone
Gold Coast	Singapore
(! renada	Somaliland
Guernsey	South Australia
Hong Kong	Southern Rhodesia
India	Swaziland
Jamaica	Tasmania
Kenya	Trinidad and Tobago

Leeward Islands (including Uganda

Dominica)	Union of South Africa
Malta	Victoria
Manitoba	Western Australia
Mauritius	Zanzibar

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.