Maintenance Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
MAINTENANCE ACT
As in force at 17 March 2004
TABLE OF PROVISIONS
Section
PART I – PRELIMINARY
1. Short title
2. Commencement3. [Repealed]
4. Repeal and savings
5. Repeal of Ordinances and South Australian Acts
6. Interpretation
7. Operation of other laws not limited by this Act
8. Collector and deputy collector9. [Repealed]
PART II – MAINTENANCE ORDERS AND OTHER ORDERS
Division 1 – General
10. Jurisdiction of Court
11. Defence to a complaint
12. Matters affecting amount of order
12A. Constructive desertion12B.Condonation or connivance to be an absolute barrier to a separation order
12C. Presumption as to condonation to be rebuttable
12D. Grounds upon which court may refuse a separation order
12E. Effect of cohabitation with a view to reconciliation
12F. Joinder of adulterer, &c.
Division 2 – Maintenance Orders and Separation Orders
13. Maintenance orders and separation orders for wife
14. Order for maintenance of child
15. Order for maintenance of husband
16. Order for payment of preliminary expenses
17. Order for maintenance of unborn child
18. Order for funeral expenses of child
19. Order for funeral expenses of mother of child
20. Order for payment of medical and like expenses
21. Nominal orders
Division 3 – Ancillary Orders
22. Definition
23. Orders for custody of child
24. Ex parte order for maintenance of child
25. Interim order for payment of maintenance
25A. Interim separation order
Division 4 – General Provisions Relating to Orders
26. Duration of orders
27. Maintenance for child over 16
28. Provision for past maintenance
29. Recovery of arrears
30. Offer to provide home
30A. Effect of separation order
30B. Enforcement of separation order
31. Order relating to illegitimate child
Division 4A – Discharge of Separation Orders
31A. Discharge of separation order on resumption of cohabitation
Division 5 – Discharge, Suspension, Variation and Annulment of Maintenance Orders
32. Interpretation
33. Application of this Division
34. Discharge, suspension or variation of orders
35. Effect of suspension order
36. Court may revive order
37. Application to annul order
38. Annulment of order
39. Maintenance for twins, &c.
PART III – ENFORCEMENT OF MAINTENANCE ORDERS MADE IN THE TERRITORY
Division 1 – Interpretation
40. Interpretation
Division 2 – Imprisonment, Recognizances, &c.
41. Imprisonment for disobedience of order for payment of money
42. Court not to commit defendant to prison in certain cases
43. Provision for postponing issue of warrant
44. Recovery of arrears in Supreme Court
45. Court may direct defendant to enter into recognizance
46. Release on recognizance of persons in prison
47. Execution against property, &c.
Division 3 – Attachment of Earnings
48. Interpretation
49. Attachment of earnings order
50. Employer to make payments under order
51. Enforcement of maintenance orders
52. Discharge, suspension or variation of order
53. Cessation of order
54. Employer to comply with order
55. Procedure where 2 or more orders in force
56. Notice to be given to defendant57.Employer to notify collector if he ceases to be defendant's employer
58. Determination as to what payments are earnings
59. Service of documents
60. Offences
61. Defendant not to be dismissed
62. Application of this Division
Division 4 – Miscellaneous
63. Defence to proceedings to enforce maintenance order
64. Penalty for molesting child
PART IV – RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS MADE OUTSIDE THE TERRITORY
Division 1 – Interpretation and Administration
65. Interpretation
66. Powers, &c., of collector
Division 2 – State Maintenance Orders
67. Transmission of Territory orders for enforcement in a State
68. Enforcement in Territory of orders made in States69.Collector to notify original State when defendant leaves Territory
70. Application for provisional order of variation, &c.
71.Discharge, suspension or variation of order made in absence of defendant
72. Law to be applied
73. Order of variation, &c., to be provisional only
74. Procedure where provisional order remitted by Court of a State
75. Confirmation in Territory of provisional orders made in States
76. Proceedings for enforcement
Division 3 – Overseas Maintenance Orders
77.Transmission of maintenance orders made in Territory for enforcement in reciprocating countries
78.Power to make provisional order against person resident in reciprocating country
79. Cancellation of registration
80. Registration of overseas orders
81. Confirmation of provisional orders made overseas
82. Order enforceable in Territory may be sent to a State83.Registration of overseas orders registered or confirmed in a State
84. Transmission of documents where defendant not in Territory
85. Cancellation of registration
86. Proceedings for enforcement
87. Defendant in Territory may apply for order of variation, &c.88.Discharge, suspension or variation of order made in absence of defendant
89. Law to be applied
90. Certain orders to be provisional only91.Procedure where provisional order remitted by Court in reciprocating country
92.Confirmation in Territory of provisional orders of variation, &c., made in reciprocating countries
93. Reciprocating countries
Division 4 – Miscellaneous
94. Payments to be made to collector
95.Collector to notify changes in orders enforceable in States or reciprocating countries
96.Collector to note changes in orders made or enforceable in Territory
97. Conversion of currency
98. Translation of orders, records, &c.
99. Certificate of payments
100. Evidentiary
101. Service of documents under Part IV
PART IVA – EVIDENCE
101A. Standard of proof
101B. Evidence of husbands and wives
101C. Evidence of non-access
101D. Evidence as to adultery
101E. Convictions for crimes to be evidence
PART V – APPEALS
102. Appeals
103. Orders pending appeals
PART VI – MISCELLANEOUS
104. Complaints
105. Court may proceed in absence of defendant in certain cases
106. Form of application
107. Hearing of application
108. Complaints or applications made on behalf of persons
109. How payment to be made under maintenance order
110. Clerk to notify defendant of terms of order
111. Payments under orders
112. Further orders
113. Collector may enforce maintenance orders114.Court may set aside order made in the absence of defendant or respondent
115.Further complaint after dismissal of earlier complaint, &c., in affiliation proceedings
116. Closed Courts
117. Restrictions on publication of evidence
118. Proof of marriage, &c.
119. Court may require defendant to state his employer, &c.
120. Service of documents
121. Costs
122. Regulations
SCHEDULE 1
SCHEDULE 2
Notes
Table of Amendments
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Act as in force at 17 March 2004. Any amendments that may come into operation after that date are not included.
____________________
MAINTENANCE ACT
An Act relating to the Maintenance of Wives, Husbands and Children
PART I – PRELIMINARY
Short title
This Act may be cited as the Maintenance Act. (See back note 1)
Commencement
This Act shall come into operation on a date to be fixed by the Administrator by notice published in the Gazette. (See back note 1)
[Repealed]
Repeal and savings
(1) The Ordinances specified in Schedule 1 are repealed.
(2) A maintenance order –
(a)registered, immediately before the commencing day, in accordance with section 6 of the Maintenance Orders (Facilities for Enforcement) Ordinance 1956; or
(b)registered, immediately before the commencing day, in the Register of Australian Maintenance Orders kept under the Maintenance Recovery (Reciprocity with States) Ordinance 1963,
shall be deemed to be registered in a Court of Summary Jurisdiction under Part IV, and that Part applies to and in relation to the maintenance order accordingly.
(3) Where a maintenance order to which subsection (2) applies was, immediately before the commencing day, registered in the Supreme Court, the officer in charge of the records of the Supreme Court shall transmit to the Clerk for Courts of Summary Jurisdiction in the district in which the Local Court of Darwin is established all the papers held by him in relation to that order, whether they are of record in the Supreme Court or not.
(4) The repeal of an Ordinance specified in Schedule 1 does not affect anything duly done under that Ordinance in relation to a maintenance order made in the Territory for the purpose of enforcing the maintenance order in a State or in a place outside Australia and, if immediately before the commencing day the maintenance order is registered in a State, in a Territory other than the Northern Territory of Australia or in a place that is a reciprocating country within the meaning of Part IV, that Part applies to and in relation to the maintenance order, subject to this section, as if the maintenance order had been so registered under that Part at the time when the thing was duly done.
(5) Where a provisional order has been confirmed under an Ordinance specified in Schedule 1, the order, in so far as it is in force immediately before the commencing day and, if it has been varied before that day, as so varied, has the same force and effect on and after that day as it would have had if it had been confirmed under Part IV and, in the case of an order that had been varied, if the variation had also been made or given effect to under that Part.
(6) An order made by a Court of Summary Jurisdiction under an Ordinance specified in Schedule 1, being an order that was in force immediately before the commencing day, continues in force, subject to subsection (7), as if it had been made under Part IV.
(7) Where –
(a)an appeal has been instituted before the commencing day in relation to an order made under an Ordinance specified in Schedule 1 but had not been determined or withdrawn before that day; or
(b)an appeal could be instituted against an order made under an Ordinance specified in Schedule 1 but for the repeal of that Ordinance by this Act,
the appeal may be instituted or continued and heard and determined as if this Act had not been made.
(8) An order made upon an appeal referred to in subsection (7) operates and has effect as if the order appealed from had been made under and the appeal had been instituted under this Act.
(9) The Collector for the purposes of the Maintenance Recovery (Reciprocity with States) Ordinance 1963 shall, notwithstanding the repeal of that Ordinance, continue in office on and after the commencing day but only for the purpose of delivering to the person appointed to be the Collector under this Act all documents and other papers held by him in relation to an order to which that Ordinance applied immediately before that day.
Repeal of Ordinances and South Australian Acts
(1) The Married Women's Protection Ordinance 1939 and the Married Women's Protection Ordinance 1959 are repealed.
(2) The laws of the State of South Australia specified in Schedule 2 cease to apply in the Territory as laws of the Territory.
(3) Section 8 of the Acts Interpretation Act 1901 of the Commonwealth in its application to Acts by virtue of section 4 of the Interpretation Act has effect as if the laws specified in Schedule 2 were Acts and had been repealed by this Act.
(4) An order in force immediately before the commencing day under the Married Women's Protection Ordinance continues in force, subject to this section, as if this Act had been in force on the day on which the order is made and the order had been made under the provisions of this Act that corresponds with the provisions of that Act under which the order was made.
(5) Subject to subsections (6), (7) and (8), this Act applies to and in relation to an order continued in force by virtue of subsection (4).
(6) Proceedings under the Married Women's Protection Ordinance, including proceedings to enforce an order continued in force by subsection (4), instituted before the commencing day may be continued as if this Act had not come into operation.
(7) An appeal may be instituted against a decision of a Court made before the commencing day in proceedings under the Married Women's Protection Ordinance and the appeal may be heard and determined as if this Act had not come into operation.
(8) Where an order is made on or after the commencing day in proceedings instituted before the commencing day to which subsection (6) applies, an appeal may be brought against the order under subsection (7) and, subject to any appeal so brought, an order made on the determination of the proceedings has effect on and after it is made as if it had been made in proceedings instituted under the provisions of this Act that correspond with the provisions of the Act under which the proceedings were instituted.
Interpretation
(1) In this Act, unless the contrary intention appears –
"adopted", in relation to a child, means –
(a)adopted in accordance with the law of the Northern Territory, of a State or of another Territory; or
(b)adopted by a person in accordance with the law of another place and recognized by the law of the Northern Territory as being the adopted child of that person;
"application" means an application in accordance with section 106;
"complaint" means a complaint made to a Justice under Part II;
"complainant" means –
(a)in relation to a complaint instituting proceedings seeking the making of a maintenance order or separation order or to any such proceedings – the person for whose benefit the maintenance order or separation order was or is being sought; and
(b)in relation to a maintenance order or separation order or proceedings in connection with a maintenance order or separation order – the person for whose benefit the maintenance order or separation order was made;
"Court" means a Court of Summary Jurisdiction;
"Court of Summary Jurisdiction" has the same meaning as in the Justices Act;
"defendant" means –
(a)in relation to a complaint instituting proceedings seeking the making of a maintenance order or separation order or to any such proceedings – the person against whom the maintenance order or separation order was or is being sought; and
(b)in relation to a maintenance order or separation order or to proceedings in connection with a maintenance order or separation order – the person against whom the maintenance order or separation order was made;
"maintenance order" means an order under this Act for the payment of moneys for or towards the maintenance of a wife, husband or child, and includes an order made under section 16, 18, 19 or 20;
"nominal order" means an order made under section 21, other than an order so made that has been varied to provide for the payment of a greater amount than the nominal amount directed to be paid by the order before it was varied;
"preliminary expenses", in relation to a woman who has been, or expects to be, confined, means the following expenses:
(a)the expense of maintaining the woman for a period of 2 months immediately before her confinement or expected confinement;
(b)reasonable medical, surgical, hospital and nursing expenses of her confinement or expected confinement; and
(c)the expense of maintaining the woman, and any child or children born to her during her confinement or expected confinement, for a period of 3 months immediately following the birth of that child or those children;
"separation order" means an order under this Act that a complainant is relieved from any obligation to cohabit with her husband;
"the Collector" means the Collector of Maintenance holding office under this Act, and includes a Deputy Collector of Maintenance exercising the powers or performing the functions of the Collector of Maintenance under this Act;
"the commencing day" means the day fixed under section 2;
"the repealed Ordinances" means any of the Ordinances repealed by section 4 or 5, and includes the Acts that have ceased to apply in the Territory by virtue of section 5;
"woman" includes a girl who has not attained the age of 18 years.
(2) For the purposes of this Act –
(a)a child adopted since the marriage of 2 persons by those persons or by either of them with the consent of the other; or
(b)a child of a party to a marriage (including a child adopted by a party to a marriage otherwise than with the consent of the other party to the marriage) if the child has at any time ordinarily been a member of the household of the parties to the marriage,
shall be deemed to be a child of the marriage, and a child of the parties to a marriage (including a child born before the marriage), whether legitimated by the marriage or not, who has been adopted by another person or other persons shall be deemed not to be a child of the marriage.
(3) In the application of this Act in relation to a child, where a child is to be deemed to be the child of a marriage, the husband shall be deemed to be the father of the child and the wife shall be deemed to be the mother of the child.
(4) A union in the nature of marriage entered into outside Australia or under Division 3 of Part IV of the Marriage Act 1961 of the Commonwealth, or of that Act as amended at any time, that was, when entered into, potentially polygamous or polygamous is a marriage for the purposes of this Act if the law that was applicable to local marriages in the country where the union was entered into permitted polygamy on the part of the male party, and the man and the woman who entered into the union shall be regarded as husband and wife.
(5) This section applies in relation to a purported marriage that is void as if the purported marriage were a marriage.
(6) For the purposes of this Act, a person shall be taken to have been adjudged by a court to be the father of a child –
(a)if the court has made an order in such circumstances that it was not entitled to make the order unless it found as a fact that the person was the father of the child; or
(b)if, at any time within 6 months before the birth of the child, a court made an order in such circumstances that it was not entitled to make the order unless it found as a fact that the child's mother was at that time with child by the person.
(7) In this Act, a reference to a child whose parents were not married to each other at the time of its conception and have not since married each other shall be read as not including a reference to a child that, although its parents were not married to each other at the time of its conception or at its birth or any time in between, is an adopted child, unless express provision to the contrary is made in relation to the reference.
Operation of other laws not limited by this Act
This Act shall not be taken to limit the operation of any other law in force in the Territory (whether relating to child welfare, family welfare, social services or otherwise) by which a person is or may be required to contribute towards or make a payment on account of the maintenance or support of another person.
Collector and deputy collector
(1) For the purposes of this Act, there shall be a Collector of Maintenance, who shall be appointed by the Minister.
(2) The Minister may appoint a person to be a Deputy Collector of Maintenance.
(3) The Minister may appoint a person to act in the office of Collector of Maintenance or Deputy Collector of Maintenance during any vacancy in the office or in the event of any illness or absence of the Collector of Maintenance or a Deputy Collector of Maintenance, as the case may be.
(4) A person appointed under subsection (3) to act in the office of Collector of Maintenance has all the powers, and shall perform all the duties and functions, of the Collector of Maintenance under this Act during any vacancy in the office, or in the event of any illness or absence, of the Collector of Maintenance.
(5) A Deputy Collector of Maintenance may, subject to any directions of the Collector, exercise any power or perform any duty or function of the Collector.
(6) A person appointed under subsection (3) to act in the office of Deputy Collector of Maintenance may, subject to any directions of the Collector, exercise any power or perform any duty or function of the Collector during the vacancy in the office or in the event of any illness or absence of the Deputy Collector.
(7) The Collector shall –
(a)keep proper accounts of all moneys received, remitted or paid by him under this Act; and
(b)subject to this Act, pay moneys received by him under this Act to the persons entitled to those moneys,
and has such other powers, authorities, duties and functions as are specified in this Act or are prescribed.
[Repealed]
PART II – MAINTENANCE ORDERS AND OTHER ORDERS
Division 1 – General
Jurisdiction of Court
(1) A Court has jurisdiction to make a maintenance order or separation order upon the hearing of a complaint if the complainant or the defendant is ordinarily resident in the Territory.
(2) A Court has jurisdiction to make an order under section 23 –
(a)if the child in respect of whom the order is sought is present in the Territory at the time when the order is made; and
(b)if the mother or father of the child is ordinarily resident in the Territory.
(3) An order may be made, or refused, under a section included in this Part by reason of facts and circumstances notwithstanding that those facts and circumstances, or some of them, took place before the commencing day or outside the Territory.
Defence to a complaint
Where, under this Act, a Court is required to be satisfied, upon the hearing of a complaint, that, when the complaint is heard by the Court, the defendant is not adequately maintaining the complainant, or that the defendant is about to depart from the Territory without making adequate provision for the maintenance of the complainant, it is a defence to the complaint if the defendant satisfies the Court that, when the complaint is heard by the Court, he has just cause or excuse for not adequately maintaining the complainant.
Matters affecting amount of order
(1) Where, in proceedings instituted by a complaint, a Court is required to be satisfied that a defendant is not adequately maintaining the complainant or has not made adequate provision for the maintenance of the complainant, the Court shall have regard to the accustomed condition in life, but not the means (other than means provided by the defendant) or earning capacity, of the complainant.
(2) Where, after a complaint is made to a Court, payments are made by the defendant for or towards the maintenance of the complainant, the Court may disregard the payments for the purposes of determining whether, at the time of the hearing of the complaint, the defendant is providing adequate maintenance for the complainant or has made adequate provision for the maintenance of the complainant unless the Court is satisfied that the defendant is providing, and intends to continue to provide, adequate maintenance for the complainant.
(3) Where, upon the hearing of a complaint, a Court makes an order for the maintenance of the complainant, the Court, in determining the amount that the defendant is to be ordered to pay for the maintenance of the complainant, may, if it deems it appropriate to do so, disregard –
(a)the earnings or savings from earnings from an occupation engaged in by the complainant, or any part of those earnings or savings, if it is satisfied that the complainant engaged in that occupation solely or mainly because the complainant was not being, or reasonably expected not to be, adequately maintained by the defendant; and
(b)the earning capacity of the complainant, if it is satisfied that the complainant would engage in an occupation solely or mainly because the complainant is not being, or reasonably expects not to be, adequately maintained by the defendant.
(4) In the application of subsection (3) in relation to an order for the benefit of a child, references in subsection (3)(a) and (b) to the defendant shall be read as including references to the parents of the child.
(5) Where the Commonwealth is making an allowance for the support of a person, a Court shall disregard, in determining the amount that a defendant is to be ordered to pay under this Part for the maintenance of the person, the fact that the allowance is being paid for the person.
12A.Constructive desertion
A husband whose conduct constitutes just cause or excuse for his wife to live separately or apart, and occasions his wife to live separately or apart, shall be deemed to have wilfully deserted her without just cause or excuse, notwithstanding that he may not in fact have intended the conduct to occasion her to live separately and apart.
12B.Condonation or connivance to be an absolute barrier to a separation order
A Court shall not make a separation order if –
(a)the complainant has condoned the ground upon which the order is sought and the ground has not been revived; or
(b)the complainant has connived at the ground upon which the order is sought.
12C.Presumption as to condonation to be rebuttable
For the purposes of any provision of this Part referring to condonation, any presumption of condonation that arises from the continuance or resumption of sexual intercourse may be rebutted on the part of a husband, as well as on the part of a wife, by evidence sufficient to negative intent to condone.
12D.Grounds upon which court may refuse a separation order
A Court may, in its discretion, refuse to make a separation order if, since the marriage –
(a)the complainant has committed adultery that has not been condoned by the defendant or, having been so condoned, has been revived;
(b)the complainant has been guilty of cruelty to the defendant;
(c)the complainant has wilfully deserted the defendant before the happening of the matters constituting the ground upon which the order is sought; or
(d)the habits of the complainant have, or the conduct of the complainant has, conduced or contributed to the existence of the ground upon which the order is sought.
12E.Effect of cohabitation with a view to reconciliation
(1) For the purposes of section 12B, a ground shall not be deemed to have been condoned, and, for the purposes of section 12D, adultery of the complainant shall not be deemed to have been condoned, by reason only of a continuation or resumption of cohabitation between the parties (whether with or without acts of sexual intercourse between them) for one period not exceeding 3 months if the Court is satisfied that –
(a)the cohabitation was continued or resumed, as the case may be, with a view, on the part of the party to whom condonation might otherwise be attributed, to effecting a reconciliation; and
(b)a reconciliation was not effected during that period.
(2) For the purposes of subsection (1) a period of cohabitation shall be deemed to have continued during any interruption of the cohabitation that, in the opinion of the Court, was not substantial.
12F.Joinder of adulterer, &c.
Where a complainant is seeking a maintenance order or a separation order on the ground that her husband has committed adultery with a specified person or has committed rape or sodomy on or with a specified person, that person shall, except as provided by the regulations, be served with notice that the allegation has been made and is thereupon entitled to intervene in the proceedings.
Division 2 – Maintenance Orders and Separation Orders
Maintenance orders and separation orders for wife
(1) Subject to this Part, where a Court, upon complaint made by or on behalf of a wife, is satisfied –
(a)that her husband has wilfully neglected to provide reasonable maintenance for her;
(b)that, since the marriage, her husband has committed adultery;
(c)that her husband has deserted her;
(d)that, since the marriage, her husband has been guilty of cruelty to her;
(e)that, since the marriage, her husband has committed rape, sodomy or bestiality; or
(f)that her husband is –
(i) a habitual drunkard; or
(ii)habitually intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug or preparation,
the Court may order the husband to pay for or towards her maintenance such an amount as it thinks reasonable and the Court may, in addition to or in lieu of such an order, order that the complainant is relieved from any obligation to cohabit with her husband.
(2) Where a Court, upon complaint made by or on behalf of a wife, is satisfied that her husband is about to depart from the Territory without making adequate provision for her maintenance, the Court may order the husband to pay for or towards her maintenance such an amount as it thinks reasonable.
(3) Where a complainant is seeking a maintenance order or a separation order on the ground that her husband has wilfully neglected to provide reasonable maintenance for her, the Court may dismiss the complaint if it is satisfied that, at the date of the hearing, her husband is adequately maintaining her and that he will continue adequately to maintain her.
(4) Where a complainant is seeking a maintenance order or a separation order on the ground that her husband has wilfully neglected to provide reasonable maintenance for her, evidence that her husband has not provided reasonable maintenance for her is evidence that he has wilfully neglected to provide reasonable maintenance for her.
(5) A Court may refuse to make a separation order or a maintenance order under subsection (1) or it may refuse to make a maintenance order under that subsection for other than a nominal amount if it is of the opinion that the complainant, with full knowledge of the facts constituting the ground upon which she is seeking the order, has unreasonably delayed making the complaint.
Order for maintenance of child
Where a Court, upon complaint made by or on behalf of a child, is satisfied –
(a)that, on a date specified in the complaint, the defendant, being a parent of the child, was not adequately maintaining the child and that, when the complaint is heard by the Court, the defendant is still not adequately maintaining the child; or
(b)that the defendant, being a parent of the child, is about to depart from the Territory without making adequate provision for the maintenance of the child,
the Court may order the defendant to pay for or towards the maintenance of the child such an amount as it thinks reasonable.
Order for maintenance of husband
Where a Court, upon complaint made by or on behalf of a husband, is satisfied that the husband is, by reason of illness or other reasonable cause, unable to support himself adequately and –
(a)that, on a date specified in the complaint, his wife was not adequately maintaining him and that, when the complaint is heard by the Court, his wife is still not adequately maintaining him; or
(b)that his wife is about to depart from the Territory without making adequate provision for his maintenance,
the Court may order the wife to pay for or towards his maintenance such amount as it thinks reasonable, having regard to his accustomed condition in life, his means and earning capacity at the time of the hearing and any evidence before the Court as to his wife's means, earning capacity and ability to pay maintenance.
Order for payment of preliminary expenses
(1) Where a Court, upon complaint made by or on behalf of a woman, is satisfied –
(a)that she is pregnant by the defendant (not being her husband) or has been delivered of a child of whom the defendant (not being her husband) is the father; and
(b)that the defendant has not made adequate provision for the payment of her preliminary expenses,
the Court may, subject to this section, order the defendant to pay to the Collector for or towards her preliminary expenses such amount as it thinks reasonable.
(2) Where the woman for whose benefit a complaint has been made under subsection (1) has not been delivered of the child to whom the complaint relates, a Court shall not make the order sought unless it is satisfied by the evidence or the certificates of a medical practitioner that the woman is quick with child.
(3) Where an order under subsection (1) is made in the case of a woman who has not been delivered of the child to whom it relates and –
(a)the woman is not delivered of a child before a date specified in the order for the purposes of this subsection, being a date not later than 6 months after the order is made; or
(b)the woman is delivered of a still-born child before the date so specified,
the order ceases to have effect on the date so specified or on the delivery of the still-born child, as the case may be.
(4) Where an order ceases to have effect on the date specified in it for the purposes of subsection (3), any moneys paid under it and not disbursed shall be repaid to the defendant.
(5) Where an order ceases to have effect on the delivery of a still-born child, any moneys paid under it and not disbursed shall, as directed by a Court upon application made by the complainant or the defendant –
(a)be paid to the woman;
(b)be paid to the defendant; or
(c)be divided between the woman and the defendant in such proportions as the Court thinks fit.
(6) Where a Court, upon application made by the complainant in respect of an order that has ceased to have effect on the delivery of a still-born child, is satisfied that the defendant did not, before the order ceased to have effect, pay a sufficient sum under the order to meet the expenses to which the order relates, the Court may order the defendant to pay to the complainant such sum as it considers reasonable to meet those expenses less any sum already paid under the first-mentioned order.
(7) Where an order is made under subsection (1) in the case of a woman who has not been delivered of the child to whom it relates, the Collector may disburse any amounts paid under the order in such manner as he thinks proper, but not so as to disburse, before the woman is delivered of a child, amounts aggregating more than one-half of the amount required to be paid under the order.
(8) Where a Court is hearing and determining a complaint under section 14 in respect of a child whose parents were not married to each other at the time of its conception and have not since married each other of whom the defendant is the father, the Court may, if a claim for preliminary expenses for the mother of the child is made at the hearing of the complaint, make an order under subsection (1) for the payment of preliminary expenses notwithstanding that a complaint has not been made under this section.
(9) Where a claim for preliminary expenses is made under subsection (8), the Court shall adjourn the hearing of the claim –
(a)if the defendant, being before the Court, applies for an adjournment and the Court is of opinion that the defendant will be prejudiced unless the hearing is adjourned – for such period as the Court thinks fit; or
(b)if the defendant is not before the Court – for such period as the Court thinks necessary to enable notice of the claim and of the date of the adjourned hearing to be given to the defendant.
(10) A Court may make an order for preliminary expenses notwithstanding that the child to whom an order relates died or was adopted before the commencement of this Part or before the making of the order.
(11) A complaint under subsection (1), or a claim under subsection (8), made after the expiration of 12 months from the birth of the child to whom it relates is of no force or effect.
(12) In this section, unless the contrary intention appears, "child" includes a still-born child.
Order for maintenance of unborn child
(1) Where a complaint has been or is made to a Justice under section 16 before the birth of the child to whom the complaint relates, a further complaint may be made to a Justice for an order that the defendant pay a reasonable amount for or towards the maintenance of the child.
(2) Where a Court, upon complaint made under subsection (1), is satisfied that –
(a)the defendant has been ordered by a Court to pay an amount for or towards the preliminary expenses of the mother of the child;
(b)it is unlikely that the defendant will adequately maintain the child after the expiration of 3 months from the child's birth; and
(c)the defendant has been given notice of the complaint,
the Court may order the defendant to pay for or towards the maintenance of the child such amount as it thinks reasonable.
(3) Subject to subsection (4), the first period in respect of which a payment is to be payable under an order made under subsection (2) is the period commencing on –
(a)if a certified copy of the registration of the birth of the child is produced to the Collector before the expiration of a period of 3 months from the birth of the child – the Monday last preceding the expiration of that period; or
(b)in any other case – the day on which that certified copy is produced to the Collector.
(4) Where the child to whom an order made under subsection (2) relates is still-born, dies or is adopted before the commencement of the first period in respect of which a payment under the order is to be payable, the order does not have any force or effect.
(5) Where a certified copy of the registration of the birth of the child to whom an order under subsection (2) relates is produced to the Collector, the Collector shall forthwith send by post to the defendant, at his place of residence last known to the Collector, a notice stating the name of the child (if stated in the certified copy), the date and place of birth of the child and the date on which and place at which the first payment under the order is to be made.
Order for funeral expenses of child
(1) Where a Court, upon a complaint made by or on behalf of a parent of a child, is satisfied –
(a)that the defendant is the other parent of the child;
(b)that the child has died on or after the commencing day and before attaining the age of 21 years or the birth of the child (being a still-born child) occurred on or after that day; and
(c)that the defendant has not made adequate provision for the funeral expenses of the child,
the Court may, subject to subsection (3), order the defendant to pay for or towards the funeral expenses of the child such amount as it thinks reasonable.
(2) Where a Court, upon complaint made by or on behalf of the person who has paid or is liable to pay the funeral expenses of a child (not being a person who is a parent of the child), is satisfied –
(a)that the defendant is a parent of the child;
(b)that the child has died on or after the commencing day and before attaining the age of 21 years, or the birth of the child (being a
still-born child) occurred on or after that day; and(c)that the defendant has not made adequate provision for the funeral expenses of the child,
the Court may, subject to subsection (3), order the defendant to pay for or towards the funeral expenses of the child such amount as it thinks reasonable.
(3) Where a complaint is made under subsection (1) or (2) in relation to a child whose parents were not married to each other at the time of its conception and have not since married each other, a Court shall not order the defendant (not being the mother of the child) to pay an amount for or towards the funeral expenses of the child unless it is satisfied that the defendant is the father of the child or that the defendant has been adjudged by a court in Australia to be the father of the child.
(4) An order shall not be made under this section in relation to a still-born child unless a Court is satisfied by the evidence or the certificate of a medical practitioner that the mother of the child had been quick with the child.
(5) A complaint under this section made after the expiration of 12 months from the still-birth or death of the child to whom it relates is of no force or effect.
Order for funeral expenses of mother of child
(1) Where a Court, upon complaint made by a person, is satisfied –
(a)that the defendant is the father of a child to whose mother he was not married at the time of its conception and whose mother he has not since married or he has been adjudged by a court in Australia to be the father of such a child;
(b)that the mother of the child has, after the commencement of this section, died during, and in consequence of, her pregnancy or in consequence of the birth of the child;
(c)that the defendant has not made adequate provision for the funeral expenses of the mother; and
(d)that the complainant has paid or is liable to pay the funeral expenses of the mother,
the Court may order the defendant to pay, for or towards the funeral expenses of the mother, such amount as it thinks reasonable.
(2) Where the child in relation to whom a complaint is made for the purposes of this section was still-born, an order shall not be made under this section unless a Court is satisfied by the evidence or a certificate of a medical practitioner that the mother of the child had been quick with the child.
(3) A complaint for the purposes of this section made after the expiration of 12 months from the death of the mother is of no force or effect.
(4) A Court may make an order under subsection (1) if the child's parents were not married to each other at the time of its conception or its birth or at any time in between whether or not the child is, when the order is made, an adopted child.
(5) In this section, "child" includes a still-born child.
Order for payment of medical and like expenses
(1) Where a Court, upon complaint made by or on behalf of –
(a)a person for whose maintenance an order under section 13, 14, 15 or 17 is in force; or
(b)a person in respect of whom an order under section 21 is in force,
is satisfied that –
(c)the person reasonably required and has received, or reasonably requires, medical, surgical, psychiatric, dental, hospital or nursing care or treatment, including physiotherapy directed by a medical practitioner;
(d)the amount payable by the defendant under the order for the maintenance of the person is not sufficient to enable the person to make adequate provision for the expenses of that care or treatment;
(e)the defendant has not made adequate provision for or towards those expenses; and
(f)it is just and equitable in all the circumstances of the case that the defendant pay, or contribute towards, those expenses,
the Court may order the defendant to pay to the Collector for or towards those expenses such amount as it thinks reasonable.
(2) Where a Court, upon complaint made by or on behalf of a child in relation to whom an order under section 16 is or has been in force, is satisfied –
(a)if the child has not attained the age of 3 months – that the child reasonably requires care or treatment of a kind referred to in subsection (1)(c); or
(b)in any other case – that the child reasonably required, and has received, care or treatment of such a kind before attaining that age,
and is also satisfied –
(c)that the amount payable by the defendant under that order is or was insufficient to enable the mother to make adequate provision for or towards the expenses of that care or treatment;
(d)that the defendant has not made adequate provision for or towards those expenses; and
(e)that it is just and equitable in all the circumstances of the case that the defendant pay, or contribute towards, those expenses,
the Court may order the defendant to pay to the Collector for or towards those expenses such amount as it thinks reasonable.
(3) Where an order is made under subsection (1) or (2), moneys payable under the order shall not be disbursed by the Collector before the care or treatment to which the moneys relate has been rendered.
(4) Where a Court, upon complaint made by or on behalf of a person who has paid or is liable to pay the expenses of care or treatment of a kind referred to in subsection (1)(c) that has been received by a person referred to in subsection (1)(a) or (b) or a child referred to in subsection (2), is satisfied –
(a)that the second-mentioned person or the mother of the child, as the case may be, died after the provision of that care or treatment; and
(b)that the Court would, if the second-mentioned person or the mother were still alive, make an order against the defendant under subsection (1) or (2), as the case may be,
the Court may order the defendant to pay to the first-mentioned person, for or towards those expenses, such amount as it thinks reasonable.
(5) For the purposes of this section, references to the expenses of any care or treatment received or required by a person shall be read as including references to any expenses reasonably incurred in connection with the person travelling to or from the place where the person has received or will receive the care or treatment.
(6) A complaint for the purposes of this section made in respect of care or treatment rendered before the commencement of this section is of no force or effect.
Nominal orders
(1) Where a Court is satisfied, upon the hearing of a complaint under section 13, 14, 15 or 17 for the maintenance of a person, that it would make an order for the maintenance of that person except for the fact –
(a)that the defendant is at the time of the hearing adequately maintaining the person; or
(b)that the defendant is not at the time of the hearing able to contribute towards the support of the person,
the Court may make an order setting out its findings on the complaint and directing the payment by the defendant of a nominal amount towards the maintenance of the person.
(2) Proceedings shall not be taken under this Act to enforce payment of the nominal amount directed to be paid by an order made under subsection (1).
(3) Section 34 applies to and in relation to an order made under subsection (1) in like manner as it applies to a maintenance order.
(4) Where an order made under subsection (1) is varied to provide for the payment of a greater amount than the nominal amount directed to be paid by that order –
(a)this Act applies to and in relation to the order when so varied as if it were a maintenance order made under whichever of sections 13, 14, 15 or 17 is appropriate; and
(b)the order ceases to be a nominal order for the purposes of this Act.
Division 3 – Ancillary Orders
Definition
In this Division, "child" does not include a child whose parents were not married to each other at the time of its conception and have not since married each other where no person is recognized under the Guardianship of Infants Act as the father of that child.
Orders for custody of child
(1) Subject to this section, upon application made by or on behalf of a parent of a child, a Court may make an order committing the custody of the child to that parent and may, by the same or a subsequent order, make such provision as it thinks fit with respect to access to the child by the other parent during the currency of the order.
(2) An order committing the custody of a child to a parent of the child shall not be made under subsection (1) –
(a)unless an order for the maintenance of the child is in force and the moneys ordered to be paid under the order are payable to that parent;
(b)if the Director of Child Welfare is the guardian of the child by virtue of section 7 of the Child Welfare Act; or
(c)if there is in force in respect of the child an order made by the Supreme Court of the Northern Territory of Australia or the Supreme Court of a State or other Territory of the Commonwealth granting the custody of the child to a person.
(3) Where a parent of a child makes a complaint under section 13 or 15, the parent may state in the complaint that he intends to make application at the hearing of the complaint for the following additional orders, namely, an order committing the custody of the child to the parent and an order for the maintenance of the child.
(4) Where a complaint contains the statement referred to in subsection (3), the summons issued in pursuance of the complaint shall contain notice of the proposed applications and a Court may, upon the hearing of the complaint, if it makes an order for the maintenance of the parent, also make either or both of the additional orders so sought.
(5) In proceedings with respect to the custody of a child or access to a child under this section, a Court shall regard the interests of the child as the paramount consideration.
(6) Where an order for the maintenance of a child in respect of whom an order under subsection (1) is in force is discharged by a Court, that last-mentioned order ceases to have effect.
Ex parte order for maintenance of child
(1) In this section –
"complaint" means a complaint for the purposes of section 14 seeking an order for the payment of maintenance in respect of a child;
"ex parte order" means an order made under subsection (2) for the payment of maintenance in respect of a child pending the disposal of a complaint.
(2) At any time after a complaint has been made to a Justice, a Court may, upon application made ex parte, order the defendant to pay for the maintenance of the child, pending the disposal of the complaint, such amount per week (not being more than $5 per week) as the Court thinks reasonable.
(3) Maintenance for a child ceases to be payable under an ex parte order –
(a)upon a Court making or refusing to make an order for the maintenance of the child under section 14 or 25; or
(b)upon the expiration of 3 months after the making of the ex parte order,
whichever first occurs.
(4) Where, upon the hearing of the complaint, a Court refuses to make an order, or makes a nominal order under section 21, for the maintenance of the child, any moneys that would, but for this subsection, be payable but have not actually been paid under an ex parte order for the maintenance of the child cease to be payable.
(5) Where, upon the hearing of a complaint, a Court makes an order for the maintenance of a child (in this subsection referred to as "the maintenance order") in respect of whom an ex parte order has been made and the maintenance order is to take effect from a date before the date upon which maintenance ceases to be payable under the ex parte order, an amount equal to the sum of any payments made under the ex parte order for the maintenance of the child in respect of the period after the date as from which the maintenance order is to take effect shall be deemed to have been made under the maintenance order.
(6) Division 5 does not apply to or in relation to an ex parte order.
(7) An appeal does not lie from an ex parte order made under this section.
Interim order for payment of maintenance
(1) In this section, "interim order" means an order made under subsection (2) for the payment of maintenance in respect of a person.
(2) Where a Court adjourns the hearing of a complaint made for the purposes of section 13, 14 or 15 for a period of not less than 7 days (whether or not the hearing has previously been adjourned), the Court may order the defendant to pay for or towards the maintenance of the complainant such amount as it thinks reasonable.
(3) Moneys cease to be payable for the maintenance of a complainant under an interim order –
(a)upon a Court making or refusing to make an order for the maintenance of the complainant under section 13, 14 or 15, as the case requires;
(b)upon a Court commencing the hearing of the complaint or next continuing the hearing of the complaint after the making of the interim order; or
(c)upon the expiration of 3 months after the making of the order,
whichever first occurs.
(4) Where, upon the hearing of a complaint, a Court makes an order for the maintenance of a person (in this subsection referred to as "the maintenance order") in respect of whom an interim order has been made and the maintenance order is to take effect from a date before the date upon which moneys cease to be payable for the maintenance of the complainant under the interim order, an amount equal to the sum of any payments made under the interim order for the maintenance of the person in respect of a period after the date as from which the maintenance order is to take effect shall be deemed to have been made under the maintenance order.
(5) Division 5 does not apply to or in relation to an interim order.
(6) An appeal does not lie from an interim order made under this section.
25A.Interim separation order
(1) In this section, "interim separation order" means a separation order made under subsection (2).
(2) Where a Court adjourns the hearing of a complaint made for the purpose of obtaining a separation order (whether or not the hearing has previously been adjourned), the Court may order that the complainant is for the time being relieved from any obligation to cohabit with her husband.
(3) An interim separation order ceases to have any force or effect –
(a)upon a Court making or refusing to make a separation order under section 13;
(b)upon a Court making a further interim separation order; or
(c)upon the expiration of 6 months after the making of the order,
whichever first occurs.
(4) Division 4A does not apply to or in relation to an interim separation order.
(5) An appeal does not lie from an interim separation order made under this section.
Division 4 – General Provisions Relating to Orders
Duration of orders
(1) Subject to section 27, an order shall not be made under this Part –
(a) for the maintenance of; or
(b) in respect of the custody of,
a child who has attained the age of 16 years.
(2) Subject to section 27, maintenance ceases to be payable under an order for the maintenance of a child –
(a) upon the child attaining the age of 16 years or being adopted; or
(b) upon the death of the child or the defendant,
whichever first occurs.
(3) An order with respect to the custody of a child ceases to have effect when the child attains the age of 16 years or is adopted, whichever first occurs.
(4) Maintenance ceases to be payable under an order for the maintenance of a wife or husband upon the death of either party to the marriage.
Maintenance for child over 16
(1) Where, upon application made on behalf of a child who has not attained the age of 16 years, being a child for whose maintenance a maintenance order is in force under this Act, a Court is satisfied that the child will be engaged in a course of education or training after he attains that age and that maintenance should continue to be payable by the defendant after the child attains that age for the purpose of making provision for or towards the maintenance of the child while he is so engaged and of meeting the expenses of the course, the Court may order that maintenance continue to be payable under the order after the child attains the age of 16 years for such period, not exceeding 2 years, from the date on which he attains that age as is specified in the order.
(2) Where, upon application made on behalf of a child who has attained the age of 16 years, being a child for whose maintenance a prescribed order was in force immediately before the child attained that age, a Court is satisfied –
(a)that the child is engaged or will engage in a course of education or training and that maintenance should be payable by the defendant for the purpose of making provision for or towards the maintenance of the child while he is so engaged and of meeting the expenses of the course; and
(b)that the defendant was the person required under the prescribed order to pay maintenance in respect of the child,
the Court may order the defendant to pay such amount as it thinks reasonable for or towards the maintenance of the child and meeting the expenses of the course.
(3) Where complaint is made to a Justice under section 14 on behalf of a child who has attained the age of 16 years, being a child for whose maintenance a prescribed order under which the defendant was required to pay maintenance for the child was not in force immediately before the child attained that age, a Court may make an order under that section notwithstanding the fact that the child has attained the age of 16 years if it is satisfied that the child is engaged or will engage in a course of education or training and that maintenance should be payable by the defendant for the purpose of making provision for or towards the maintenance of the child while he is so engaged and of meeting the expenses of the course.
(4) Where a Court makes an order under subsection (2) or section 14 in pursuance of the power conferred by this section, the Court shall specify in the order a period, being a period commencing not earlier than the date on which the order is made and ending not later than 2 years after that date, during which maintenance shall, subject to this Act, be payable under the order.
(5) In subsections (2) and (3), a "prescribed order", in relation to a child, means an order, whether made under this Act or under the repealed Ordinances, by virtue of which maintenance was payable for the child, other than such an order that has been set aside upon appeal or that has been annulled.
(6) A Court may, from time to time, upon application made on behalf of a child in respect of whom an order is in force under this section, make a further order extending the period for which maintenance is to be payable in respect of the child for such further period, not exceeding 2 years, as is specified in the further order, being a period commencing upon the expiration of the period for which maintenance is then payable.
(7) An order under this section shall not provide for the payment of maintenance for a child in respect of any period after the child attains the age of 21 years.
(8) Where a Court makes an order under subsection (1) or (6) in relation to a maintenance order, it may, by the same order, vary the amount payable under the maintenance order in such manner as it thinks fit.
Provision for past maintenance
(1) Subject to this Act, a Court may, in an order under this Part for the maintenance of a person, order the payment of maintenance in respect of a period immediately preceding the date on which the order is made, being a period commencing not earlier than 3 months before that date.
(2) A Court may exercise its power under subsection (1) whether or not the complaint to which the order relates sought maintenance in respect of a period immediately preceding the making of the order.
(3) Where a Court exercises, in an order, the power conferred by subsection (1), the Court may direct that the maintenance in respect of the immediately preceding period be paid in one sum or by such instalments as it thinks fit.
Recovery of arrears
(1) Subject to subsections (2) and (3), the fact that maintenance ceases to be payable upon the occurrence of a particular event does not prevent the recovery of maintenance in respect of any period before the occurrence of that event.
(2) Subject to subsection (3), where maintenance ceases to be payable upon the death of a person, any maintenance in respect of any period before the death of the person is not recoverable under this Act or otherwise.
(3) Where a child in respect of whom maintenance is payable dies, any maintenance payable in respect of a period before the death of the child is recoverable from the person ordered to pay the maintenance, but only during the life of that person, by the person who was maintaining the child immediately before the child's death.
Offer to provide home
Where –
(a)the conduct of a person constitutes just cause or excuse for the spouse of the person to live separately and apart from the person and does in fact –
(i) cause the spouse so to live; or
(ii)cause the spouse so to live and to take a child of the marriage to live with the spouse; or
(b)the conduct of a person constitutes just cause or excuse for a child of the person to live separately and apart from the person and does in fact cause the child so to live,
a genuine offer by the person to provide a home for the spouse or the child, as the case may be, is not in itself a sufficient answer to a complaint under this Part for the maintenance of the spouse or the child, or a sufficient reason for the discharge, suspension or variation of an order under this Part for the maintenance of the spouse or the child.
30A.Effect of separation order
(1) A separation order relieves the complainant from the obligation to cohabit with her husband while the order remains in operation, but, except as provided by this section, does not otherwise affect the marriage or the status, rights and obligations of the parties to the marriage.
(2) While a separation order is in operation either party to the marriage may bring proceedings in contract or in tort against the other party.
(3) Nothing in this Part prevents a wife, during separation under a separation order, from joining in the exercise of any power given to herself and her husband jointly.
30B.Enforcement of separation order
A husband shall not molest or interfere with or attempt to molest or interfere with his wife in her manner of living contrary to an order relieving her from the obligation to cohabit with him.
Penalty: $200 or imprisonment for 6 months.
Order relating to illegitimate child
(1) Where, upon the hearing of a complaint made for the purposes of this Part, the mother of a child to whose father she was not married at the time of its conception or whom she has not since married gives evidence that the defendant is the father of the child and no person is recognized under the Guardianship of Infants Act or the Status of Children Act as the parent of the child, an order shall not be made upon the complaint unless the evidence of the mother is corroborated in a material particular.
(2) Nothing in subsection (1) shall be taken to require the mother of a child to whose father she was not married at the time of its conception or whom she has not since married to give evidence upon the hearing of a complaint in order that a Court may be satisfied that the defendant is the father of the child.
(3) In Divisions 2 and 3 of Part II, a reference to a Court being satisfied that a person is the father of a child shall, in a case where the child is a child whose parents were not married to each other at the time of its conception and who have not since married each other and no person is recognized under the Guardianship of Infants Act as the father of the child, be read as a reference to a Court being so satisfied beyond reasonable doubt.
(4) Where, upon the hearing of a complaint made for the purposes of this Part, evidence is given that the defendant is recognized under the Guardianship of Infants Act or the Status of Children Act as the father of a child to whose mother he was not married at the time of its conception or whom he has not since married, the defendant shall be deemed to be the father of the child.
Division 4A – Discharge of Separation Orders
31A.Discharge of separation order on resumption of cohabitation
(1) Where, after a separation order has been made, the parties have voluntarily resumed cohabitation, either party may apply for an order discharging the separation order.
(2) Upon such an application, the Court shall, if both parties consent to the order, or if the Court is otherwise satisfied that the parties have voluntarily resumed cohabitation, make an order discharging the separation order.
Division 5 – Discharge, Suspension, Variation and Annulment of Maintenance Orders
Interpretation
(1) In this Division, unless the contrary intention appears, "original order" means an order made under section 13, 14, 15, 16, 17, 18, 19, 20 or 21, other than an order dismissing a complaint.
(2) In this Division, a reference to a maintenance order shall, in the case of a maintenance order that has been varied, be read as a reference to that order as so varied.
Application of this Division
Where a maintenance order is enforceable in a State, or in a Territory of the Commonwealth other than the Northern Territory, under Part IV, a Court shall not make an order under this Division, discharging, suspending, varying or reviving the order except as provided in section 70.
Discharge, suspension or variation of orders
(1) Subject to this Division, a Court, upon application made by or on behalf of a party to a maintenance order, may at any time make a further order –
(a)discharging the maintenance order;
(b)varying the maintenance order in any manner the Court thinks fit; or
(c)suspending the payment of maintenance under the maintenance order in respect of a period specified in the further order or until the Court otherwise orders.
(2) An order shall not be made discharging or varying a maintenance order, or suspending the payment of maintenance under a maintenance order, unless the Court is satisfied –
(a)that the original order, or, if the original order has been varied, the original order or any order varying the original order, was obtained by fraud or upon the basis that 2 persons were married to each other who were, in fact, not so married;
(b)that new facts or circumstances have arisen that have not previously been disclosed to a Court in proceedings under the repealed Ordinances or under this Act and, by reason of those facts or circumstances, it is reasonable to make the first-mentioned order; or
(c)the facts or circumstances in existence at the time of the making of the original order, or, if the original order has been varied, at the time of the making of the original order or any order varying the original order, have not previously been disclosed to a Court in proceedings under the repealed Ordinances or under this Act and were not known, and could not by the exercise of reasonable diligence have previously been known, to the applicant and, by reason of those facts and circumstances, it is reasonable to make the first-mentioned order.
(3) An order under subsection (1) –
(a)may discharge or vary a maintenance order as from a date specified in the first-mentioned order, which may be a date before the date of the first-mentioned order;
(b)may discharge or vary a maintenance order notwithstanding that maintenance has ceased to be payable under the order or that the defendant has made default in complying with the maintenance order; and
(c)may suspend the payment of maintenance under a maintenance order during a period specified in the first-mentioned order (which may be a period commencing before the date of the first-mentioned order) or as from a date specified in the first-mentioned order (which may be a date before the date of the first-mentioned order) until the further order of a Court.
Effect of suspension order
(1) Where an order is made under section 34 suspending the payment of maintenance under a maintenance order in respect of a specified period, maintenance again becomes payable under the order, unless the order is earlier revived under section 36, upon the expiration of that period.
(2) Where the payment of maintenance is suspended under section 34 until the further order of a Court, maintenance does not become payable under the maintenance order except in accordance with an order under section 36 reviving the maintenance order.
(3) Subject to subsection (4), the suspension of the payment of maintenance under a maintenance order does not prevent the recovery of any maintenance payable under the maintenance order in respect of any period ending before the date as from which the payment is suspended.
(4) Where a Court suspends the payment of maintenance under a maintenance order, the Court may further order that the whole or any part of the moneys owing under the order at the date as from which the payment of maintenance is suspended shall not be recoverable under this Act during the period of the suspension, and that further order prevents the taking of any proceeding under this Act for the purpose of recovering, during the period of the suspension, the moneys so payable.
Court may revive order
(1) Where payment of maintenance under a maintenance order has been suspended under section 34, a Court may, upon application made by or on behalf of a person for whose benefit the maintenance is payable, make an order reviving the suspended order in whole or in part as it thinks fit.
(2) An order under subsection (1) may revive a maintenance order as from a date specified in the first-mentioned order, which may be a date before the date of the first-mentioned order, and the maintenance order, when so revived, has effect as if maintenance had been or is payable under the order as from the date as from which it was or is revived.
(3) Where a Court revives a maintenance order as from a past day, it may make a further order directing the manner in which moneys payable in respect of the period from and including that day to and including the day immediately before the day on which it revives the order are to be paid.
(4) Where a Court revives a maintenance order, it may make a further order varying the maintenance order as from the day as from which it was or is revived.
Application to annul order
(1) Where a Court has made an order under this Part on the basis that the defendant is the father of a child to whose mother he was not married at its conception or whom he has not since married, the defendant may, at any time, file an application to annul the order.
(2) An application filed under subsection (1) shall not be heard and determined by a Court unless a Justice has granted leave, under subsection (3), for the application to be set down for hearing.
(3) At any time after an application has been filed under subsection (1), a Justice may, upon application made ex parte, grant the applicant leave to set the application down for hearing.
(4) A Justice shall not grant leave to set an application down for hearing under subsection (3) unless –
(a)evidence on oath is furnished to him, either orally or by affidavit, stating the nature of the evidence that the applicant intends to submit to a Court if the application is heard and the names and addresses of the witnesses who will give that evidence; and
(b)the Justice is satisfied that that evidence is material to the paternity of the child and was not produced to a Court when the maintenance order was made.
(5) Where a Justice grants leave for an application to be set down for hearing, the Justice shall fix a date and time for the hearing and summon the mother of the child, or such other person as the Justice thinks appropriate in the circumstances, to appear before a Court upon the hearing.
(6) Where the mother of the child, or other person to be summoned, as the case may be, is living out of the Territory, the date fixed for the hearing of the application shall be a date that will allow the mother or that other person, as the case may be, reasonable time to come to the Territory for the hearing of the application.
Annulment of order
(1) Upon the hearing of an application under section 37 to annul a maintenance order, a Court shall have regard to the evidence that was given when the original order was made and to the further evidence given upon the hearing of the application.
(2) The applicant shall first furnish the evidence that he wishes to be considered in support of the application and if, upon the completion of that evidence, the Court is satisfied that no evidence material to the paternity of the child that has not previously been produced to a Court in proceedings under the repealed Ordinances or under this Act has now been furnished to the Court, the Court shall dismiss the application.
(3) A Court shall not annul a maintenance order unless it is satisfied that the applicant is not the father of the child.
(4) A Court shall hear and determine an application under section 37 whether or not the applicant has made default in complying with the maintenance order.
(5) Where a Court annuls a maintenance order, the defendant is not liable to pay any amounts due and unpaid under the order and is not entitled to recover from any person any amounts actually paid under the order.
(6) Where a maintenance order is annulled, the annulment of the order does not, except as provided in subsection (5), affect the previous operation of the order or anything duly done or suffered under it.
Maintenance for twins, &c.
(1) Where an order for the payment of maintenance for the child of whom a women is expected to be delivered is made under section 17 and the woman is in fact delivered of 2 or more children, application may be made under this Division for orders under subsection (2).
(2) Upon the hearing of an application under subsection (1), a Court may discharge the maintenance order in respect of the child expected to be born to the woman and make an order for the maintenance of each child born to the woman.
PART III – ENFORCEMENT OF MAINTENANCE ORDERS MADE IN THE TERRITORY
Division 1 – Interpretation
Interpretation
(1) In this Part, "maintenance order" includes an order for the payment of costs in proceedings in which an order under this Act for the payment of moneys for the maintenance of a wife, husband or child, or an order under section 16, 18, 19, 20, 21, 34, 36 or 38, is made.
(2) In this Part, a reference to a maintenance order shall, in the case of a maintenance order that has been varied, be read as a reference to that order as so varied.
(3) Where a maintenance order, or a maintenance order as varied, has been discharged but arrears are recoverable under the order or the order as varied, this Part applies to and in relation to the order or the order as varied, for the purpose of the recovery of the arrears, notwithstanding its discharge.
Division 2 – Imprisonment, Recognizances, &c.
Imprisonment for disobedience of order for payment of money
(1) Where the defendant, being a male person, has disobeyed or failed to comply with a maintenance order and a sum of money (in this section referred to as "arrears") due under the order is unpaid, application to commit the defendant to prison may be made by or on behalf of the person for whose benefit the order was made.
(2) Subject to section 105, a Court may, upon application made under subsection (1), order that the defendant be committed to prison for such period, not exceeding 12 months, as the Court thinks proper.
(3) For the purpose of subsection (2), the arrears shall be taken to include an amount that the defendant is ordered to pay in respect of the costs of the application.
(4) The defendant is not liable to be committed to prison in respect of his failure to pay any arrears –
(a)if he has previously served a term of imprisonment in respect of his failure to pay those arrears; or
(b)if he is, by virtue of an order made under section 43, to be deemed to have served a term of imprisonment in respect of his failure to pay those arrears.
(5) The fact that a defendant is not liable to be committed to prison in respect of his failure to pay any arrears does not affect the recovery of those arrears under any other section of this Act.
(6) The period of detention in prison of a person under an order under subsection (2) is subject to section 94 of the Justices Act.
(7) Where the arrears in respect of which an application has been made under subsection (1) are paid after the service of a copy of the application on the defendant and before a Court makes an order for the issue of a warrant committing the defendant to prison, a Court may order the defendant to pay the costs of and incidental to the application.
(8) Section 92(2) of the Justices Act applies to and in relation to an order under subsection (7) as if it were an order to which section 92(1) applies.
(9) Where a person is entitled to receive payments under each of 2 or more maintenance orders against the same defendant, one application may be made under subsection (1) in respect of the arrears due and unpaid under each of those orders.
(10) Where a person makes one application in respect of the arrears due and unpaid under each of 2 or more maintenance orders, a Court shall, in determining the period for which the defendant is to be committed to prison, have regard to the amount ascertained by aggregating those arrears and subtracting from the total sum the amount of any arrears, or the sum of the amounts of any arrears, in respect of which the defendant is not liable to be committed to prison as if that amount was the amount of the arrears due under one maintenance order.
Complaints or applications made on behalf of persons
(1) A complaint or an application under this Act purporting to be made on behalf of a person shall, in the absence of evidence to the contrary, be deemed to be made on behalf of that person.
(2) Where a complaint or an application under this Act may be made by a person on behalf of a child, that person may make the complaint or application whether or not he has been duly authorized to do so.
How payment to be made under maintenance order
(1) Where a Court makes a maintenance order under this Act, the moneys payable by the defendant under the order are, by virtue of this subsection, payable to the Collector at the Law Courts Building, Darwin, unless the Court, by the order, directs that the payments be made to another person and at another place specified in the order.
(2) A Court shall, in an order made under this Act directing the payment of moneys, direct that the moneys be paid –
(a)if the moneys are payable for or towards the maintenance of a person – except where otherwise provided in this Act, weekly, fortnightly or otherwise periodically; and
(b)in the case of any other moneys payable under the order – in one sum or by instalments.
Clerk to notify defendant of terms of order
Where a Court makes a maintenance order under this Act, the Clerk of that Court shall post to the Collector and to the defendant at the last known address of the defendant, postage being prepaid, notices setting out the terms of the order and particulars of the person to whom and place at which the moneys payable under the order are to be paid.
Payments under orders
(1) Subject to any order made under this Act in relation to the appropriation of moneys, moneys received under an order for the payment of moneys made under this Act by the person entitled to receive those moneys shall be deemed to be a payment made by the defendant to that person so as to discharge, to the extent of the moneys received, first, any sums due and unpaid under the order (a sum due at an earlier date being discharged before a sum due at a later date) and, secondly, any costs incurred in proceedings relating to the order that were payable by the defendant in respect of any previous proceedings for the enforcement of the order.
(2) In proceedings relating to an order for the payment of moneys enforceable under this Act, the production of books purporting to be the books of account kept by the Clerk of the Court that made the order or in which the order is registered, as the case may be, in relation to the order are evidence that the payments to which the entries in those books purport to refer have been made and that those payments are the only payments that have been made.
(3) Where –
(a)the Collector or other person to whom the payment of moneys is, by virtue of section 109(1), directed to be made under 2 or more orders made against the same defendant receives from the defendant an amount that is less than the total amount payable under those orders; and
(b)no order for the appropriation of that amount has been given by the defendant to the Collector or other person,
the Collector or other person shall, subject to subsection (1), appropriate that amount to the payment of the sums payable under each of those orders in such manner as the Collector or other person thinks proper or as is prescribed.
Further orders
(1) Where an order (in this section referred to as an "original order") under this Act contains a direction with respect to the payment of moneys payable under the order –
(a)a Court may, by a subsequent order, revoke those directions and give any other directions concerning the payment of moneys under the original order that it is authorized to give by section 109; and
(b)a Court may make such other orders as it thinks fit –
(i) for regulating the disbursement of moneys paid under the original order;
(ii)for regulating the investment and application of the proceeds of the sale of any goods, chattels or securities directed to be sold, or any annuity, rents or income directed to be collected, under an order made under section 47; or
(iii)for ensuring the proper appropriation of any such moneys.
(2) An order may, at the discretion of a Court, be made under this section –
(a)either with or without an application for the order; and
(b)either upon notice of the application being given to the defendant against whom the original order was made or without notice being given.
Collector may enforce maintenance orders
(1) Where moneys payable in accordance with an order under this Act are payable to the Collector, the Collector may, on behalf of the person entitled to those moneys, in his discretion, take proceedings under this Act for the purpose of enforcing payment of those moneys or of recovering those moneys.
(2) In any proceedings under this Act for the purpose of enforcing payment of moneys ordered to be paid by an order under this Act or for the recovery of any such moneys, the Collector is entitled to appear, to be heard, to give evidence and to call, examine and cross-examine witnesses.
Court may set aside order made in the absence of defendant or respondent
(1) Where a Court proceeds in pursuance of section 105 to make an order against a defendant who was not served with a summons and who did not appear at the hearing, the defendant may, within a period of 21 days from the time when the order comes to his knowledge, proof of which time lies upon the defendant, make application to a Court to set aside the order and to re-hear the matter of the complaint in respect of which the order was made.
(2) Upon proof of due service of a copy of the application on the complainant, a Court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit and proceed to hear and determine the matter of the complaint in respect of which the order was made in accordance with the provisions of Part III.
(3) An order so made may be made to take effect from any date upon which the order set aside could have been made to take effect in pursuance of section 28.
Further complaint after dismissal of earlier complaint, &c., in affiliation proceedings
(1) This section applies to a complaint (in this section referred to as an "original complaint") –
(a)made under section 14 on behalf of a child whose parents were not married to each other at the time of its conception or have not since married each other; or
(b)made under section 16 or 18 in relation to a child whose parents were not married to each other at the time of its conception or have not since married each other.
(2) Where –
(a)an original complaint to which this section applies has been dismissed;
(b)a court has, on an appeal against the order made on an original complaint to which this section applies (not being an order dismissing the complaint), reversed, quashed or set aside that order;
(c)a court has, on an appeal against an order dismissing an original complaint to which this section applies, affirmed or confirmed the dismissal of the complaint; or
(d)the Court that made an order upon an original complaint to which this section applies (not being an order dismissing the complaint) has been restrained by another court from proceeding or further proceeding upon the order,
on the ground that it had not been proved that the defendant was the father of the child referred to in subsection (1), a further complaint may be made against the defendant against whom the original complaint was made and in respect of the same child if the further complaint contains an allegation that facts or circumstances were in existence at the time of the making of the original complaint that have not previously been disclosed to a Court in proceedings arising out of, or relating to, the original complaint and that were not and could not by the exercise of reasonable diligence have previously been known to the complainant who made the original complaint.
(3) The Court hearing the further complaint shall receive and consider the evidence recorded at the original hearing and on any appeal as well as any fresh evidence submitted.
(4) If at the conclusion of the evidence submitted by the complainant no fresh evidence material to the question of paternity has been produced, the complaint shall be dismissed.
(5) The reference in subsection (1)(b) to a child whose parents were not married to each other at the time of its conception and have not since married each other shall be read as including a reference to a child whose parents were not married to each other at the time of its conception or at its birth or any time in between whether or not the child was, when the original complaint was dismissed or when the further complaint is determined by a court, an adopted child.
Closed Courts
(1) Where a complaint is made to a Court under this Act in relation to a child or an appeal is made to the Supreme Court against an order that relates to a child, the room or other place in which the Court or the Supreme Court sits upon the hearing of the complaint or appeal is not open to the public during that hearing and persons not directly interested in the complaint or appeal are not entitled, without the permission of the Court or the Supreme Court, as the case may be, to be present in that room or other place during that hearing.
(2) A Court or the Supreme Court may order a child to leave the Court or the Supreme Court at any time during the hearing of a proceeding under this Act if it is of opinion that it would not be in the interests of the child to be present during that hearing.
(3) Where, in proceedings under this Act, the Court is satisfied that there are special circumstances that make it desirable, in the interests of the proper administration of justice, that the proceedings, or any part of the proceedings, should not be heard in open court, the Court may order that any persons not being parties to the proceedings or their counsel or solicitors shall be excluded during the hearing of the proceedings or the part of the proceedings, as the case may be.
(4) Except to the extent to which the regulations make provision for proceedings, or part of proceedings, to be heard in chambers, the jurisdiction of a Court under this Act shall, subject to this Act, be exercised in open court.
Restrictions on publication of evidence
(1) Except as provided by subsection (3) a person shall not, in relation to any proceedings under this Act, print or publish, or cause to be printed or published, any account of evidence in the proceedings or any other account or particulars of the proceedings.
Penalty: $500.
(2) Proceedings for an offence against subsection (1) shall not be commenced except by, or with the written consent of, the Director of Public Prosecutions.
(3) Subsection (1) does not apply to or in relation to –
(a)the printing of a transcript of evidence or other document for use in connection with proceedings in any court or the communication of any such document to persons concerned in the proceedings;
(b)the printing or publishing of a notice or report in pursuance of the direction of a court; or
(c)the printing or publishing of any publication bona fide intended primarily for the use of members of the legal or medical profession, being –
(i) a separate volume or part of a series of law reports; or
(ii) any other publication of a technical character.
Proof of marriage, &c.
(1) A marriage shall not be taken to be proved in proceedings under this Act unless –
(a)evidence has been given on oath of the time, place and circumstances of the marriage; or
(b)evidence of the marriage has been given by means of a document that is receivable as evidence of the marriage by virtue of subsection (2).
(2) In proceedings under this Act, a Court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of a certificate, entry or record of a birth, death or marriage alleged to have taken place, whether in the Territory or elsewhere.
Court may require defendant to state his employer, &c.
(1) In proceedings under this Act, a Court may –
(a)direct the defendant to attend before a Court at a specified time to be examined concerning his means and ability to comply with any order made against him under this Act;
(b)direct the defendant to state to a Court or to furnish to a Court within a specified period a statement signed by the defendant specifying –
(i) the name and address of his employer or, if he has more employers than one, of each of his employers;
(ii)particulars as to the defendant's earnings; and
(iii)such other particulars, being particulars that the first-mentioned Court considers necessary to enable the defendant to be identified by any of his employers, as the first-mentioned Court thinks fit to direct; or
(c)direct a person who appears to the first-mentioned Court to be indebted to the defendant or to be the employer of the defendant to furnish to a Court, within the time fixed by the first-mentioned Court, a statement signed by him or on his behalf containing such particulars as are specified in the direction of his indebtedness to the defendant or of all the earnings of the defendant that became payable by that person during a specified period, as the case may be.
(2) A document purporting to be a statement referred to in subsection (1) is admissible in evidence in proceedings under this Act and shall, unless the contrary is shown, be deemed without further proof to be such a statement.
(3) A person shall not –
(a)without reasonable cause or excuse, refuse or fail to comply with a direction under this section that is applicable to him; or
(b)in any statement furnished to a Court under the provisions of this section, make a statement that he knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true.
Penalty: $200.
Service of documents
(1) Unless otherwise provided in this Act –
(a)a summons, copy of an application, notice or other document may be served on any person in the manner provided for the service of summonses by section 27 of the Justices Act; and
(b)a notice may be served by post addressed to the person to whom it is directed at his last known place of residence or business.
(2) Where a Court is satisfied that, for any reason, service of a summons, copy of an application, notice or other document cannot be effected in a manner provided for under subsection (1), the Court may order that the summons, notice or other document be served in a manner specified by the Court.
(3) If in any proceedings in connection with which a notice has been served in accordance with subsection (1) or (2) it appears to a Court that the person to whom the notice is directed has not or may not have received it, the Court may direct that the notice be again served on him in such manner as it thinks fit.
(4) Service of a copy of an application or of another document on a complainant who is an infant shall be effected by serving the copy or other document on –
(a)the person who is entitled to receive, on behalf of the infant, the moneys payable under the maintenance order in relation to which the infant is the complainant; or
(b)such other person as a Justice specifies under subsection (5),
but not otherwise.
(5) Where a Justice is satisfied that, for any reason, the person who is required to effect service of a copy of an application or another document on a complainant who is an infant would otherwise be unable to serve the copy or document on the person referred to in subsection (4)(a), the Justice may, by writing under his hand, specify a person who, in the opinion of the Justice, is a proper person to advise the infant in connection with the proceedings to which the application or document relates as the person on whom a copy of the application or the other document may be served for the purpose of effecting service of the copy or document on the infant.
(6) Service of a summons or of a copy of an application under this Act shall be effected on a person to be served with the summons or copy at least 10 clear days before the day fixed for the hearing of the complaint to which the summons relates or of the application, as the case may be.
(7) Failure to serve a summons or copy of an application on a person as required by subsection (6) does not invalidate the proceedings to which the summons or application relates but a Court may, upon application by the person, adjourn the hearing of the complaint or application for such period as it thinks necessary having regard to the day on which the summons or copy was served.
(8) Where service of a document is effected on a person by posting the document to the person, service of the document shall, unless the contrary is proved, be deemed to have been effected on the person at the time when the letter containing the document would, in the ordinary course of post, be delivered at the address to which it is posted.
(9) Service of a summons, copy of an application, notice or other document in a manner authorized by this Act may be proved by the oath of the person who served it, or by affidavit, or otherwise.
Costs
In any proceedings under this Act before a court, the court may order the payment of such costs by such persons, being parties to the proceedings, as it thinks fit.
Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or in relation to –
(a)the prescribing of forms to be used for the purposes of this Act; and
(b)the practice and procedure of Courts of Summary Jurisdiction in proceedings under this Act.
___________________________
SCHEDULE 1
Section 4
Ordinances of the Northern Territory of Australia
Maintenance Orders (Facilities for Enforcement) Ordinance 1956
Maintenance Recovery (Reciprocity with States) Ordinance 1963
___________________________
SCHEDULE 2
Section 5
Laws of the State of South Australia that cease to apply in the Northern Territory of Australia
Ordinance No. 12 of 1844
The Destitute Persons Act, 1881 (Act No. 210 of 1881)
The Destitute Persons Act Amendment Act, 1886 (Act No. 387 of 1886)
The Inter-State Destitute Persons Relief Act, 1910 (Act No. 1008 of 1910)
____________________________
Notes
The Maintenance Act comprises the Maintenance Ordinance 1971 and amendments made by other legislation, the details of which are specified in the following table:
| Act | Number and | Date of assent by Administrator | Date of commencement |
| Maintenance Ordinance 1971 | No. 26, 1971 | 24 May 1971 | 30 June 1971 (a) |
| Maintenance Ordinance 1973 | No. 5, 1973 | 13 Mar 1973 | 13 Mar 1973 |
| Date of notification of Governor-General's assent in the N. T. Govt Gazette | |||
| Maintenance Ordinance (No. 2) 1973 | No. 29, 1973 | 21 June 1973 | 21 June 1973 |
| Date of assent by Administrator | |||
| Ordinances Revision Ordinance 1973 as amended by (b) | No. 87, 1973 | 11 Dec 1973 | 11 Dec 1973, but see s. 12(2); 11 Dec 1973, but see s. 3(2); 11 Dec 1973, but see s. 3; ss 1, 2 and 6: 28 June 1976, but see s. 6(2); ss 3 and 4: 11 Dec 1973; s. 5: 24 Oct 1974 |
| Age of Majority Ordinance 1974 | No. 37, 1974 | 23 Sept 1974 | 1 Nov 1974 (c) |
| Transfer of Powers (Further Provisions) Ordinance 1977 | No. 51, 1977 | 9 Dec 1977 | 1 Jan 1978 |
| Transfer of Powers (Self-Government) Ordinance 1978 | No. 54, 1978 | 1 July 1978 | 1 July 1978, but see s. 8 |
| Law Officers Ordinance 1978 | No. 61, 1978 | 1 July 1978 | 1 July 1978 |
| Statute Law Revision Act 1978 | No. 95, 1978 | 5 Sept 1978 | 5 Sept 1978 |
| Status of ChildrenAct1978 | No. 16, 1979 | 26 Jan 1979 | 21 Sept 1979 (d) |
| Statute Law Revision Act (No. 3) 1979 | No. 37, 1980 | 24 Apr 1980 | 24 Apr 1980 |
| Statute Law Revision Act (No. 2) 1981 | No. 63, 1981 | 20 July 1981 | 20 July 1981 |
| Statute Law Revision Act (No. 4) 1981 | No. 4, 1982 | 12 Feb 1982 | 12 Feb 1982 |
| Law Officers Amendment Act (No. 2) 1986 | No. 48, 1986 | 10 Dec 1986 | 19 Dec 1986 (e) |
| Director of Public Prosecutions (Consequential Amendments) Act 1990 | No. 29, 1990 | 11 June 1990 | 21 Jan 1991 (f) |
| Sentencing (Consequential Amendments) Act 1996 | No. 17, 1996 | 19 Apr 1996 | 1 July 1996 (g) |
| Financial Institutions (Miscellaneous Amendments) Act 1997 | No. 23, 1997 | 2 June 1997 | 2 June 1997 |
| Territory Insurance Office (Miscellaneous Amendments) Act 1998 | No. 37, 1998 | 27 May 1998 | 27 May 1998 |
| Statute Law Revision Act (No. 2) 2001 | No. 62, 2001 | 11 Dec 2001 | 11 Dec 2001 |
| Statute Law Revision (Financial Provisions) Act 2002 | No. 38, 2002 | 13 Sept 2002 | 30 Oct 2002 (h) |
| Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 | No. 1, 2004 | 7 Jan 2004 | 17 Mar 2004 (i) |
(a)See section 2 and Gazette No. 24, dated 16 June 1971, p. 206.
(b)General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 4, 5, 6, 8, 10, 12, 12E, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25A, 26, 27, 28, 29, 30B, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 55, 57, 58, 59, 60, 61, 64, 65, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 83, 84, 86, 87, 88, 89, 90, 91, 92, 93, 96, 97, 101, 101B, 101D, 102, 103, 104, 105, 107, 111, 112, 114, 115, 117, 118, 119 and 120.
(c)See section 2 and Gazette No. 42, dated 17 October 1974, p. 475.
(d)See section 2 and Gazette G38, dated 21 September 1979, p. 1.
(e)See section 2 and Gazette S87, dated 17 December 1986.
(f)See section 2, section 2 of the Director of Public Prosecutions Act 1990 and Gazette G2, dated 16 January 1991, p. 9.
(g)See section 2, section 2 of the Sentencing Act 1995 and Gazette S15, dated 13 June 1996.
(h)See section 2 and Gazette G43, dated 30 October 2002, p. 3.
(i) See section 2 and Gazette G11, dated 17 March 2004, p. 8.
____________________________
Table of Amendments
Section
Long title Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 29, 1973, s. 3; repealed by No. 63, 1981, s. 2
Amended by No. 87, 1973, s. 12; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
Amended by No. 29, 1973, s. 4; No. 87, 1973, s. 12; No. 37, 1974, s. 10; No. 16, 1979, s. 19; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3; No. 63, 1981, s. 2
Repealed by No. 51, 1977, s. 3
Amended by No. 29, 1973, s. 5
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
12A. Inserted by No. 29, 1973, s. 6
12B. Inserted by No. 29, 1973, s. 6
12C.Inserted by No. 29, 1973, s. 6; amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
12D. Inserted by No. 29, 1973, s. 6
12E. Inserted by No. 29, 1973, s. 6
12F. Inserted by No. 29, 1973, s. 6
Heading
Division 2 Substituted by No. 29, 1973, s. 7
Substituted by No. 29, 1973, s. 8; amended by No. 63, 1981, s. 2
Amended by No. 16, 1979, s. 19
Amended by No. 16, 1979, s. 19
Amended by No. 16, 1979, s. 19
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
Amended by No. 63, 1981, s. 2
Amended by No. 5, 1973, s. 3; No. 16, 1979, s. 19; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
25A. Inserted by No. 29, 1973, s. 9Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
30A. Inserted by No. 29, 1973, s. 10
30B.Inserted by No. 29, 1973, s. 10; amended by No. 63, 1981, s. 2
Amended by No. 5, 1973, s. 4; No. 16, 1979, s. 19; No. 63, 1981, s. 2; No. 1, 2004, s. 62
Heading
Division 4A Inserted by No. 29, 1973, s. 11
31A. Inserted by No. 29, 1973, s. 11
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Heading
Division 5 Substituted by No. 29, 1973, s. 12Amended by No. 16, 1979, s. 19
Amended by No. 63, 1981, s. 2
Heading
Part III Substituted by No. 29, 1973, s. 13Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 51, 1977, s. 3; No. 63, 1981, s. 2; No. 4, 1982, s. 3; No. 62, 2001, s. 15
Amended by No. 63, 1981, s. 2; No. 23, 1997, s. 6; No. 37, 1998, s. 4; No. 38, 2002, s. 6
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
Amended by No. 87, 1973, s. 12; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 17, 1996, s. 6
Amended by No. 63, 1981, s. 2; No. 17, 1996, s. 6
Amended by No. 87, 1973, s. 12; No. 63, 1981, s. 2; No. 17, 1996, s. 6
Heading
Part IV Substituted by No. 29, 1973, s. 14
Amended by No. 61, 1973, s. 4; No. 63, 1981, s. 2; No. 4, 1982, s. 3; No. 48, 1986, s. 9
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 87, 1973, s. 12; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 61, 1978, s. 4; No. 16, 1979, s. 19; No. 37, 1980, s. 26; No. 63, 1981, s. 2; No. 48, 1986, s. 9
Amended by No. 61, 1978, s. 4; No. 63, 1981, s. 2; No. 48, 1986, s. 9
Amended by No. 61, 1978, s. 4; No. 63, 1981, s. 2; No. 48, 1986, s. 9
Amended by No. 61, 1978, s. 4; No. 48, 1986, s. 9
Amended by No. 61, 1978, s. 4; No. 48, 1986, s. 9
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 87, 1973, s. 12; No. 61, 1978, s. 4; No. 48, 1986, s. 9
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 62, 2001, s. 15
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
Heading
Part IVA Inserted by No. 29, 1973, s. 15
101A.Inserted by No. 29, 1973, s. 15; amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
101B.Inserted by No. 29, 1973, s. 15; amended by No. 63, 1981, s. 2
101C.Inserted by No. 29, 1973, s. 15; amended by No. 16, 1979, s. 19; No. 63, 1981, s. 2
101D.Inserted by No. 29, 1973, s. 15; amended by No. 63, 1981, s. 2
101E.Inserted by No. 29, 1973, s. 15; amended by No. 63, 1981, s. 2; No. 17, 1996, s. 6
Amended by No. 63, 1981, s. 2
Amended by No. 16, 1979, s. 19; No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 16, 1979, s. 19; No. 63, 1981, s. 2
Amended by No. 29, 1973, s. 16; No. 63, 1981, s. 2
Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3; No. 63, 1981, s. 2; No. 29, 1990, s. 7
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2
Amended by No. 63, 1981, s. 2; No. 4, 1982, s. 3
Amended by No. 63, 1981, s. 2
Amended by No. 95, 1978, s. 14; No. 63, 1981, s. 2
Heading "THE
SCHEDULES" Omitted by No. 63, 1981, s. 2
Schedule 1 Amended by No. 63, 1981, s. 2
Schedule 2 Amended by No. 63, 1981, s. 2
____________________________
__________________
0
0
0