Maintenance Orders (Facilities for Enforcement) Act Amendment Act of 1956 (5 Eliz Ii No. 20) (Qld)

226 LOCAL AUTHORITIES—MARRIAGE AND DIVORCE, Maintenance Orders, Etc., Act. 5 E liz . II. No. 20, are to be elected, the words and figures “ figures 1, 2, and 3 respectively; and so on, according to the number of candidates to be elected) ” ; (ii.) Inserting, after and immediately under the words “ Signature of Witness ” and the the space for that signature, the words “ Qualification of Witness ” and providing, opposite and relative to the words so inserted, a space for stating that qualification; and (iii.) Repealing the words and brackets “ Elector of the same Shire [or Justice of the Peace, or Returning Officer (as the case may be)] ” and inserting, in lieu of the words so repealed, the words “ A qualified witness to be an Elector of the same Shire eligible to vote at the Election, or a Justice of the Peace, or the Returning Officer ” ; and (h) By inserting in rule sixty, before the word “ envelope ”, the words “ prepaid post ”. MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT). See M arriage and D ivorce . MARRIAGE AND DIVORCE. 5 N E o l . iz 2 . 0I. i. An Act to Amend “The Maintenance Orders M aintenance (Facilities for Enforcement) Act of 1921,” O rders (F acilities in certain particulars. for E nforcement ) A ct [A ssented to 23 rd N ovember , 1956.] A mendment B A ct of 1956. E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. Principal Act. 1. (1.) This Act may be cited as “ The Maintenance Orders (Facilities for Enforcement) Act Amendment Act of 1956.” (2.) *“ The Maintenance Orders (Facilities for Enforcement) Act of 1921,” is in this Act referred to as the Principal Act. * 12 G. 5 No. 24.

MARRIAGE AND DIVORCE. 227 1956. Maintenance Orders, Etc., Act. (3.) The Principal Act and this Act may beOoU*cMv® collectively cited as “ The Maintenance Orders ( Facilities tl e' for Enforcement) Acts, 1921 to 1956.” 2. Section two of the Principal Act is amended — Amendments (а) By repealing in the definition “ Dependants ” the words “ His Majesty’s dominions ’’ and inserting, in lieu of those repealed words, the words “ the British Commonwealth ” ; (б) By repealing the definition “ Governor ” and inserting, in lieu of that repealed definition, the following definition, namely :— ““Governor”—Includes the holder of the chief Governor, administrative office under the Government of any State or country which is a member of the British Commonwealth: with respect to any territory under the protection of Her Majesty or the Government of or administered by any State or country which is a member of the British Commonwealth the term includes an Administrator, Commissioner, Resident, or other officer or authority representing Her Majesty or the Government in question therein ; ” ; (c) By repealing the definition “ Reciprocating State ” and inserting, in lieu of that repealed definition, the following definition, namely :— “ “ Reciprocating State ”—Any part of the British Recip- Commonwealth outside England or Ireland state.118 which the Governor in Council has by Order in Council published in the Gazette declared to be a reciprocating State for the purposes of this Act, including such a part so declared before the passing of *“ The Maintenance Orders (Facilities for Enforcement) Act Amendment Act of 1956 ” ; ” and (d) By adding thereto the following definitions, namely:— “ “ British Commonwealth ”—Any State or country British which is a member of the British wealth?11" Commonwealth, any territory which is under * This Act.

228 MARRIAGE AND DIVORCE. Maintenance Orders, Etc., Act. 5 Euz. II. No. 20, Minister. the dominion or protection of Her Majesty, and any territory which is administered by the Government of any such State, country, or territory pursuant to any trusteeship, agreement, trust, mandate or other like arrangement; 4 ‘Minister”—The Attorney-General or other Minister of State of Queensland charged for the time being with the administration of this Act; Amendment 3. Subsection one of section twelve of the Principal ofs. i2(i). amen(ied by repealing the words “His Majesty’s dominions outside the United Kingdom” and inserting, in lieu of those repealed words, the words “the British Commonwealth outside England and Ireland”. New s. 13 The following section is added to the Principal added. Act, namely :— Provision for 4 i [13.] (I.) The Governor in Council may by Order in Council published in the Gazette — (а) Name the Minister, in lieu of the Governor of Queensland, as the person by whom maintenance orders may be transmitted to, and to whom maintenance orders may be transmitted by, the Governor of any reciprocating State named in the Order in Council (or, where there is in force an Order in Council under this section naming a person in lieu of the Governor of that reciprocating State, that person); and (б) Name a person, in lieu of the Governor of any reciprocating State named in the Order in Council, as the person to whom maintenance orders may be transmitted by, and by whom maintenance orders may be transmitted to, the Governor of Queensland (or, where there is in force in respect of that reciprocating State, an Order in Council under paragraph (a) of this subsection, the Minister). (2.) (a) An Order in Council under paragraph (a) of subsection one of this section shall, unless the contrary is specified therein, be deemed to name all persons

1956. MARRIAGE AND DIVORCE. Maintenance Orders, Etc., Act. successively holding the office of Minister while the Order in Council remains in force, and shall be of force accordingly. (6) An Order in Council under paragraph ( b ) of subsection one of this section may name a person by reference to an office under the Government of the reciprocating State named therein, and such an Order in Council shall be deemed to name all persons successively holding that office while the Order in Council remains in force, and shall be of force accordingly. (3.) The Governor in Council may by Order in Council revoke or vary any Order in Council previously made Tinder this section. (4.) Every Order in Council made under this section shall be published in the Gazette and thereupon shall be judicially noticed, and such publication shall be conclusive evidence of the matters contained therein. Any person purporting to act in any office by reference to which a person is named in an Order in Council under this section shall be presumed to duly hold that office until the contrary is proved. (5.) Any maintenance order transmitted by or to the Minister pursuant to the authority of an Order in Council under this section shall for the purposes of this Act be deemed to have been transmitted by or to the Governor of Queensland. Any maintenance order transmitted to or by a person named in an Order in Council under this section shall for the purposes of this Act be deemed to have been transmitted to or by the Governor of the reciprocating State named in that Order in Council. (6.) In this section the term “ maintenance order ” includes a provisional maintenance order.” 229