Interstate Destitute Persons Relief Acts Amendment Act of 1944 (8 Geo Vi No. 12) (Qld)

390 MARRIAGE AND DIVORCE. Interstate Destitute Persons Relief, Etc., Act. 8 GEO. VI. No. 12, LOCAL AUTHORITIES' VALUATION. See LAND. LOCAL GOVERNMENT. , See LAND; also ELECTRICITY. See LoCAL GoVERNMENT-PART H. MARRIAGE AND DIVORCE. (1) Interstate Destitute Persons Relief Acts Amendment Act of 1944 (2) Matrimonial Gauses Acts Amendment Act of 1945 8 Geo. VI. No. 12 9 Geo. VI. No. 8 8 N G o E . O. 12 V . I. An Act to Amend "The Interstate Destitute Persons THE INTERSTATE Relief Acts, 1914 to 1932," in certain DESTITUTE PERSONS RELIEF ACTS particulars. AMENDMIllNT ACT OF 1944. [ASSENTED TO 1ST DECEMBER, 1944.] B E it enacte~ by the Ki~ g' s Most Excellent Majes~ y, by and wIth the adVIce and consent of the LegIs- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. (1.) This Act may be cited as "The Interstate : ~ ~ struction. Destitute Persons Relief Acts Amendment Act of 1944," and shall be read as one with *" The Interstate Destitute Persons Relief Acts, 1914 to 1932," herein collectively referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as "The Interstate Destitute Persons Relief Acts, 1914 to 1944." Amendments of the Principal Act. Amendment 2. Section six of the Principal Act is amended by of s. 6. deleting the. words "not being a court of record". occurring in sub-paragraph (v.) of paragraph (a) of the said section; also by deleting the words and brackets "(not being a court of record)" occurring after the words " of any court" in the last paragraph of the said section. * 5 G. 5 No. 9, v. 6, p. 101; 23 G. 5 No. 35, v. 6, p. 113.

MARRIAGE AND DIVORCE. 1944. Interstate Destitttte Persons Relief, Etc., Act. I 3. Section seven of the Principal Act is amended by Amendrnf3nt deleting the words "not being a court of record" of s. 7. I occurring in paragraph (v.) of provision (a) of sUbsection one of the said section. 4. Section eleven of the Principal Act is amended Amendm~nt by deleting the words and brackets" (not being a court of s. 11. i of record)" occurring after the words" of such State" in paragraph (i.) of subsection one of the said section. 5. Section sixteen of the Principal Act is amended Afmendment by deleting the words "not being a court of record ,,0 s.] 6. occurring after the words " of Queensland" in the first paragraph of the said section. 6. The amendments to the Principal Act made by Operation sections two, three, four, and five of this Act respectively ~ ~ endments. shall have the same effect as if they had come into operation at the time of the commencement of the Principal Act. 7. A new section (9A) is inserted after section nine New s. 9A. of the Principal Act, as follows : - "[9A.] (1.) On complaint made by the collector OrVariationof by a person liable under, or entitled to the benefit of, an orders. order made whether before, on, or after the passing of *" The Interstate Destitute Persons Relief Acts Amendment Act of 1944," a court of summary jurisdiction may further inquire into th.e means and ability to pay of the person liable under the order and may make an order that increased or reduced instalments or periodical sums be paid in lieu of the instalments or periodical sums specified in the first-mentioned order, or that any instalments or periodical sums specified in the first- mentioned order be remitted. (2.) The provisions of subsection two of section seven and of section eight of this Act shall apply in relation to a summons issued in proceedings under this section in the same way as they apply in relation to a summons issued under subsection one of section seven of this Act. (3.) All provisions of this Act which are applicable to the enforcement of orders shall apply to the enforce- ment of an order made under this section." * This Act.

392 MARRIAGE AND DIVORCE. Interstate Destitute Perscms Relief, Etc., Act. 8 GEO. VI. No. 12, o A h m . en 1 d 1 m ( e 2 n ). t Princ 8 ip . aIlnAcstubasfetecrtiothne twwoordsof" osef ctthioisn Aeclet" vetnheowf otrhdes and brackets" (including proceedings taken under the *J ustices Acts, t"The Deserted Wives and Ohildren Act of 1840," and/or t"The Deserted Wives and Ohildren Amend- ment Act of 1858," or any Acts amending or in substitution therefor, and/or §"The State Ohildren Acts, 1911 to 1943," or any Acts amending or in substitution therefor, as provided in this Act)" are inserted. News.18A. 9. The following new section (18A) is inserted after section eighteen of the Principal Act, as follows;- Proof of earnings. " [I8A.] (1.) Whenever in any proceedings under this Act it is material to ascertain the earnings of any person the court may in its absolute discretion accept a statutory declaration made as hereinafter in this section mentioned as prima facie evidence of those earnings. (2.) A statutory declaration under this section shall be made- (a) by any employer of the person whose earnings are in question; or (b) by some person employed by that employer as manager, secretary, accountant, or in any other position such as, in the opinion of the court, would enable him to testify to the earnings in question; or (c) by a member of a police force of this or any other State or of the Commonwealth or any Territory thereof. (3.) Where the declaration is made by a member of a police force it shall be sufficient if it sets out information given to the declarant by- (a) the employer of the person whose earnings are in question; or (b) a person employed by that employer as manager, secretary, accountant, or in any other position such as, in the opinion of the court, would enable him to testify as to the earnings in question." * 50 V. No. 17 and amending Acts, v. 4, p. 363. t 4 V. No. 5, v. 6, p. 7. t 22 V. No. 6, v. 6, p. 19. § 2 G. 5 No. 11 and amending Acts, v. 1, p. 686.

MARRIAGE AND DIVORCE. 393 1944. Interstate Destitute Persons Relief, Etc., Act. 10. Section nineteen of the Principal Act is repealed Repeal of and a new sect·IOn · nInet een I.S . Insert ed'In ll' eu thereof 's s . . 1199.and new namely:- "[19.] (1.) An order made under this Act and an MOdes.of order made enforceable in this State by virtue of this : ~ ~ ~ ~ ~ ng Act may be enforced by anyone or more of the methods by which- (a) an order requiring the payment of a sum of money is enforceable under the *Justices Acts; (b) an order for maintenance and/or support of any wife or child made under t"The Deserted Wives and Children Act of 1840" and/or t"The Deserted Wives and Children Act Amend- ment Act of 1858 " (or any Act amending or in substitution for the same) is enforceable under such Acts; (c) an order for the maintenance and/or support of any State child or any other child made under §" The State Children Acts, 1911 to 1943" (or any Act amending or in substitution for the same) is enforceable under such Acts. And to the intent that- (d) The *Justices Acts shall apply in relation to an order made under this Act and an order made enforceable in this State by virtue of this Act and the parties to any such order as if the order were an order for the payment of money made by a court of summary juris- diction; (e) t" The Deserted Wives and Children Act of 1840" and/or t" The Deserted Wives and Children Act Amendment Act of 1858 " and/or (as the case may be) §" The State Children Acts, 1911 to 1943" shall apply in relation to an order made under this Act and an' order made enforceable in this State by virtue of this Act and the parties to any such order as if the order were an order for maintenance and/or support made pursuant to such Acts, or any of them. * 50 V. No, 17 and amending Acts, v. 4, p. 363. t 4 V. No. 5, v. 6, p. 7. t 22 V. No. 6, v. 6, p. 19. § 2 G. 5 No. II and amending Acts, v. 1, p. 686.

394 MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 9 GEO. VI. No. 8, (2.) Any proceedings authorised by this section in relation to an order made under this Act may be taken by the person in whose favour the order was made or any other person on his behalf. (3.) Any proceedings authorised by this section in relation to an order made enforceable in this State by virtue of this Act shall be taken only by the collector or the assistant collector. (4.) Nothing in this section shall prejudice or affect or be deemed to prejudice or affect the provisions of *"The Maintenance and Alimony Relief Act of 1935," but the provisions of such lastmentioned Act shall be and continue to be of full force and effect and whether the order in question was, or may be, enforced by the method set forth in paragraph (a) of subsection one hereof, or by the method set forth in paragraph (b) or (c) of the said subsection, or by anyone or more of such methods as so provided in the said subsect,ion one. (5.) The provisions of this section shall apply in relation to orders of the kind specified in this section whether made before, on, or after the commencement of t" The Interstate Destitute Persons Relief Acts Amendment Act of 1944." " 9 GEO. VI. An Aot to Amend "The Matrimonial Causes Aots, N T o U . E 8. 1864 to 1944," in oertain partioulars MATRIMONIAL CAUSES ACTS AMENDMENT t [RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED: AOT OF 1945. 8TH MARCH, 1945.] : B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis· lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. (1.) This Act may be cited as "The Matrimonial and Causes Acts Amendment Act of 1945," and shall construction be read as one with §" The Matrimonial Causes Acts, 1864 to 1944," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively be title. cited as "The Matrimonial Causes Acts, 1864 to 1945." * 26 G. 5 No. 29, v. 6, p. 118. t This Act. t Ga.zeUe 11th December, 1944, p. 1078; 8th March, 1945, p. 569; and 14th March, 1945, p. 629. § 28 V. No. 29 and amending Acts, v. 6, pp. 40 et Beq.