Maintenance and Alimony Relief Act of 1935 (26 Geo v No. 29) (Qld)

15550 / MARRIAGE AND DIVORCE. Maintenance and Alimony Relief Act. 26 GEO. V. No. 29, ------- LOCAL OPTION REPEAL. See LIQUOR. MAIN ROADS, DIVERSION OF FUNDS. See ROADS. MAINTENANCE AND ALIMONY RELIEF. See MARRIAGE AND DIVORCE. MARRIAGE AND DIVORCE. 26NGoe.o 2 . 9 V . . An Act to Afford a Measure of Relief to Certain THE Persons who are Unable to Comply with MAINTENANCE AND ALnIONY Maintenance and Alimony Orders. RELIEF ACT OF 1935. [ASSENTED TO 10TH DECEMBER, 1935.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by tlle authority of the same, as follows:- Short title. 1. This Act may be cited as "The Maintenance and Alimony Relief Act of 1935." Power of 2. Notwithstanding anything contained in any Act ~ou~ t or or law, or rule or process of law, or rule or practice of ~ ~~ : ;tt~rom the Supreme Court of Queensland or of any other court imprison. to the contrary, no judgment, decree, or order of any fmaielnutrefotro cour t or ' JUs t· 1Ce- pteanyanmcaeino· r alimony. (a) For the payment of alimony or maintenance under *" The Matrimonial Causes Acts, 1864 to 1931" (or any Act amending or in substitution for the same); or * 28 Vie. No. 29 and amending Acts, supra, pages 2057 et seq.

1935. MARRIAGE AND DI·VORCE. Maintenance and Alimony Relief Act. (b) For the maintenance and/or support of any wife or child under *" The Deserted Wives and Ohildren Act of 1840" and/or t" The Deserted Wives and Ohildren Act Amendment Act of 1858" (or any Act amending or in substitution for the same); or (c) For the payment of confinement and/or any other expenses under t" The Infant Life Protection Acts, 1905 to 1927" (or any Act amending or in substitution for the same) ; or (d) For the maintenance and/or support of any State child or any other child under §" The State Ohildren Acts, 1911 to 1928" (or any Act amending or in substitution for the same); or (e) Enforceable in this State under 11" The Interstate Destitute Persons Relief Acts, 1914 to 1932" (or any Act amending or in substitution for the same); or (j) Enforce&ble in this State under~ " The M ainten- ance Orders (Facilities for Enforcement) Act of 1921 " (or any Act amending or in substitution for the same), and whether such judgment, decree, or order was or is made before or after the passing of this Act shall be enforceable or punishable by imprisonment (and either before the issue of a warrant of execution or after the return of any such warrant) of the person who has failed to comply with such judgment, decree, or order if he satisfies the court or justice to whom or to which application is made to enforce compliance or punish non-compliance with such judgment, decree, or order that- (i.) He has not then and has not had since the date of the judgment, decree, or order any income or property whatsoever, and that he then is and has been since the date of the judgment, decree, or order unable to obtain * 4 Vic. No. 5, supra, page 2049. , t 22 Vic. No. 6, supra, page 2053. t 5 Edw. VII. No. 19 and amending Acts, supra, pages 166 et seq. § 2 Geo. V. No. 11 and amending Acts, supra, pages 5076 et seq. 115 Geo. V. No. 9 and amending Acts, supra, pages 6260 et seq. -,r 12 Ge\>. V. No. 24, s'upra, page 9745. 15551

15552 MARRIAGE AND DIVORCE. Maintenance and Alim'Jny Relief Act. 26 GEO, V. No. 29, 1935. employment, and that such inability to obtain employment is and has been caused solely through economic and financial conditions affecting trade and industry in Queensland. and not through his own fault; or (ii.) He has not then and has not had since the date of the judgment, decree, or order sufficient income or property to enable him to comply in full with such judgment, decree, or order, and that he then is and has been since the date of the judgment, decree, or order unable to obtain sufficient employment to enable him to comply in full therewith, and that such inability to obtain sufficient employment is and has been caused solely through economic and financial cQnditions affecting trade and industry in Queensland, and not through his own fault, but that he is complying and has since the date of the judgment, decree, or order complied with same to such extent as such court or justice shall, having regard to all the circumstances of the case, deem reasonable and proper; or (iii.) He is then and has been since the date of the judgment, decree, or order wholly unable to comply with same solely owing to ill-health; or (iv.) He is then and has been since the date of the judgment, decree, or order unable to comply with same in full solely because of ill-health, but that he is then complying and has since the date of the judgment, decree, or order complied with same to such extent as such court or justice shall, having regard to the state of his health, deem reasonable and proper; or (v.) His conduct during the existence of such judgment, decree, or order and his circum- stances at the time of such application are such (and irrespective of whether or not all or any of the matters referred to in paragraphs (i.) to (iv.) above mentioned apply in his case) that in the opinion of the court or justice it would not be just and equitable to enforce

MARRIAGE AND DIVOROE-MEDICAL. 15553 26 GEO. V. No. 5, 1935. Medical Acts Amendment Act. compliance or to punish non-compliance with such judgment, decree, or order by imprisonment. 3. Where a court or justice has at any time refused Power of t o en £ orce compliance or t 0 punl;sh non-compll'ance WI' th cjuosutircteorto any such judgment, decree, or order as mentioned in review . section two of this Act by imprisonment because of the ;; :~PtlOns fact that the person who had failed to complv with same imP~ on­ satisfied such court or justice of the existence in his ~ ~ ~; e~: case, at such time, of any or all of the matters set out in pay ma.in- sectI·on t wo. 0 f thI' S A C t , such court or J.Ust'ICe, or any 0 ther atelinma.onncey. or competent court or justice, may nevertheless at any subsequent time enforce compliance or punish non- compliance with such judgment, decree, or order by imprisonment unless the person who has failed to comply with same again satisfies such court or justice that any or all of the provisions of the said section two are applicable at such subsequent time. MARYBOROUGH GRAMMAR SCHOOL TRANSFER. See PART 11. (EDUCATION). MEDICAL. (1) Medical Acts Amendment Act of 1935 (2) Dental Acts Amendment Act of 1935 .. .. 26 Geo. V. No. 5 .. 26 Geo. V. No. 30 An Act to Amend " The Medical Acts, 1925 to 2 . 6 NGoe. o. 5. V. 1933," in a certain particular. THE MEDICAL [ ASSE~TED TO 17TH OCTOBER, 1935.] AM!C::ENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1935. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The MedicalAct8 Short title Amendment Act of 1935," and shall be read as one with: ~ truction. *" The Medical Act8, 1925 to 1933," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The MedicalAct8, 1925 to 1935." 2. Paragraph (v.) of subsection one of section ReISealof fifteen of the Principal Act is hereby repealed. ~ f ~ h~l} (v.) . Principal • pages 1' " 131367 G , e 1 o 4 . 3V73., N a o n . d2144, 62639. Geo. . V. No. 33, and 24 Geo. V. No. 31, 8Upra, Act.