Maintenance Act Amendment Act of 1954 (3 Eliz Ii No. 37) (Qld)

340 MARRIAGE AND DIVORCE. Maintenance Act Amendment Act . 3 E liz . II. No. 37, MARRIAGE AND DIVORCE. (1) Law Reform (Legitimacy of Children of Voidable Marriages) Act of 1955 .. .. .. 4 Eliz. II. No. 20 (2) Maintenance Act Amendment Act of 1954 .. 3 Eliz. II. No. 37 4 N E o l . iz 2 . 0 I . I. An Act to Amend the Law Relating to the Legiti­ T he L aw R eform macy of Children of Voidable Marriages. (L egitimacy of C hildren of V oidable M arriages ) [A ssented to 22 nd A pril , 1955.] A ct of 1955. E it enacted by the Queen’s Most Excellent Majesty, B 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. This Act may be cited as “ The Law Reform (. Legitimacy of Children of Voidable Marriages) Act of 1955.” Legitimacy 2. Where a decree of nullity is granted in respect ooff vchoiilddarbelne of a voidable marriage, any child who would have been marriages. the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, on the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment. 3 N E o l . iz 3 . 7 I . I. An Act to Amend “ The Maintenance Act of 1949,” M aintenance A ct A mendment A ct of 1954. in certain particulars. [A ssented to 4 th N ovember , 1954.] E it enacted by the Queen’s Most Excellent Majesty, B 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 Maintenance Act Amendment Act of 1954.” Principal (2.) *“ The Maintenance Act of 1949,” is in this Act Act. referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Maintenance, Acts, 1949 to 1954.” * 13 G. 6 No. 53.

MARRIAGE AND DIVORCE. 341 1954. Maintenance Acts Amendment Act. 2. The following section, numbered 25 a , is inserted New s. 25 a . after section twenty-five of the Principal Act:— “ [25 a .] An application may be made for the Discharge of discharge of a maintenance order or order (other than a apparently maintenance order) under Part III. of this Act, by the abandoned clerk of petty sessions to whom payments under the order cation^bythe are directed by the order to be made, upon the grounds clerk of that the order should be discharged for that it apparently ^ons. has been abandoned. Every application under this subsection shall be commenced by complaint on oath made to a justice who thereupon shall issue his summons directed to all persons who, so far as known to the complainant, are interested in the order to show cause why the order should not be discharged. The application may be heard and determined by justices sitting as a court of petty sessions at the place where payments under the order the subject of the application are directed by that order to be made, and the justices may for any reason dispense with the service of the summons issued upon the application in the case of any person or persons required to show cause as aforesaid, and may, if they deem it so necessary, from time to time and at any stages give such directions as to them seem fit, and may enter all necessary adjournments, for the purpose of giving any person or persons not summoned an opportunity of showing cause why the order should not be discharged. If it is made to appear to the justices hearing the application that during the twelve months immediately preceding that application no payment under the order has been made by or on behalf of the person against whom that order lies and that the person or persons interested in enforcing the order (other than the complainant) appear to have abandoned the order, and either— (a) All persons summoned to appear (not being persons upon whom service of the summons is dispensed with), and all persons, if any, given by the justices an opportunity of showing cause why the order should not be discharged, fail to appear ; or

342 MARRIAGE AND DIVORCE. Maintenance Act Amendment Act. 3 E liz . II. No. 37, (6) If any of those persons appear, cause is not shown to the satisfaction of the justices hearing the application why the order should not he discharged, the justices may discharge the order.”. 3. The following section, numbered 25 b , is inserted after section 25 a of the Principal Act, as previously inserted by this Act:— Variation of so much of “ [25 b .] (1.) The provisions of this section shall order as be in addition to and not in derogation of the provisions prelalacteeswthoere of section twenty-five of this Act. thereunder (2.) Subject to this section, so much of a maintenance made be order or order (other than a maintenance order) under Part III. of this Act as relates to the place where payments under the order are directed by that order to be made may from time to time be varied upon application made by— (a) Any person who may make an application under subsection one of section twenty-five of this Act for the variation of that order ; or (b) The clerk of petty sessions to whom the payments under the order are directed by that order to be made. (3.) Every application under this section for the variation of an order— (а) Shall specify the place where it is desired that future payments under the order shall be made ; and (б) Shall be accompanied by the consent in writing to such variation signed by or on behalf of— (i.) The person against whom that order lies ; and (ii.) The wife or child named in that order ; or in the case of an order in respect of an illegitimate child, the Director State Children Department, or a person thereunto authorised by the said Director; or any other person upon complaint by whom the order was made.

MARRIAGE AND DIVORCE. 1954. Maintenance Acts Amendment Act. (4.) An application made pursuant to this section may be disposed of— (a) By justices sitting as a court of petty sessions at the place where payments under the order the subject of the application are directed by that order to be made ; and (b) Without the necessity of the applicant or any other person appearing before the justices or being notified of the application unless the justices in their discretion otherwise direct—the justices being hereby empowered from time to time and at any stages to give such directions as to them seem fit, and to enter all necessary adjournments, for the purpose of giving any person or persons an opportunity of being heard, or for the purpose of the compulsory attendance before them and being examined as a witness of any person or persons, on the matter of the application, including in the persons aforesaid any person interested in maintaining the order, the person against whom the order lies, and any other competent person. If the justices disposing of the application are satisfied— (c) That the provisions of this section relating to the application have been complied with; and (d) That the order can be more conveniently enforced at the place specified pursuant to paragraph (a) of subsection three of this section in the application, they may vary the order by directing that payments under that order shall from such date as they may specify, be made to the clerk of petty sessions at the place (being the place specified as aforesaid in the application) stated, in that variation of the order. (5.) Upon the variation pursuant to this section at any time of a maintenance order or order (other than a maintenance order) under Part III. of this Act then for the purposes, from the date specified in that behalf in that variation of the order, of the enforcement and all variations, if any, of that order, the place stated in the variation shall, subject to any further variation of 343

344 MARRIAGE AND DIVORCE. Maintenance Act Amendment Act. 3 E liz . II. No. 37, 1954. the order pursuant to this section, be deemed to be the place stated in the order whereat payments under that order shall be made to the clerk of petty sessions, and all relevant provisions of this Act shall be construed accordingly, (6.) A copy, certified as a true copy by the clerk of petty sessions at the place where the order is varied pursuant to this section of— (a) All such records in his office relating to that order as may be necessary for its future enforcement or variation, whether received pursuant to section twenty-seven of this Act or this section or made and kept by or in the office of the clerk of petty sessions at that place ; and of (b) The order of variation made pursuant to this section, and a certificate under the hand of that clerk of petty sessions certifying the date to which payments under the order have, according to his records, been made, shall be transmitted upon such variation to the clerk of petty sessions to whom the payments under the order are required by that variation to be made. Every such certificate purporting to be signed by a clerk of petty sessions shall be received in evidence and shall be prima facie proof of the matters certified to therein. (7.) The provisions of subsection two of section twenty-seven of this Act shall extend, with all necessary adaptations thereof, for the purpose of enforcing a maintenance order or order (other than a maintenance order) under Part III. of this Act varied pursuant to this section. Furthermore, and without derogating from any of the other provisions of this section, proceedings may be taken for any failure to comply with any such order, at the place whereat payments under that order are directed by the variation pursuant to this section to be made, whether such failure occurred or partly occurred prior to or after the date specified in such variation from which such payments at that place are so directed to be made.”.