THE TERRITORY FOR THE SEAT OF
EEGULATIOJNTS UISTDEE THE MAIMTEWAITOE OEDEES
(FACILITIES EOE EWEOEOEMEJSTT) OEDHSTANOE 1927.
T J O H N GEEIG LATHAM,' the Attorney-General of the Oom- A , monwealth, in pursuance of the powers conferred upon me by the Maintenance Orders (Facilities for Enforcement) Ordinance
: 1927, hereby make the fpllo.wing Eegulations, to come, into operation
| , forthwith., | . ,. . •• | , . . . • , , . , . . • - . : • , ,•-.. | •• | • . | , • •. | . |
Dated :this 28th day.'of 'June,. 1'928.
-. . .AttprneysGeneral.
| . . . . . . | . | ..,, MAINTENANCE, | .OBDEKS (E/LOJXJOXGS JFOK; EWFOKCBMEK^) | • |
| . • . | EEGTOATIOWS. • . . - . ' . | . . |
| .shorttitle. | I- These.Eegulations; may be, cited,;as .the1 Maintenance Ordei-s |
| • •• ,..(Facilities for Enforcement) Eegulations'. | ; | : |
| Definition*. | 2. I n these Eegulations, unless the cont rary intent ion appears— |
| •'•"• | • '•'• | " the 'CoUr t "• means any Court of P e t t y Sessions having jur i s - |
| . . i>':''", . | . | diction in respect of the Te r r i t o ry ; |
| >>• :.•, | " the Ordinance" means the Maintenance Orders (Facilities |
| for Enforcement) | Ordinance 1927; |
" the Secretary" means the. Secretary to the Attorney-
General's Department.
| '3. The certified copy of an order made by a court in England Certified copy jurisdiction, and received by the Governor-General under section 3 of !j£|jjjk'h£)be | or Ireland or in any reciprocating State; not being a court of superior ortom^de"''* |
| the Ordinance, may be sent to the Secretary, who shall forward the forwarded to certified copy to the Clerk of the Court. . the Court" |
| court in England or I re land or in any reciprocating State, not being ordOTtTbe1011^ |
| 4.—(1.) The certified copy of a provisional order made by a certified copy a court of superior jurisdiction, and received by the Governor-senttothe
General under section 6 of the Ordinance, may be sent to the Secre- court,
tary, who shall forward the certified copy to the Clerk, of the Court,
with the accompanying documents, and a requisition for an issue of a
summons. |
(2.) The requisition and summons shall be in accordance with
| Forms "A" | and " B " respectively, in the Schedule to these Regula- ' |
tions or to the like effect.
| provisions of the preceding regulations, shall enter it into his records r^rd*.11 | • 5. The Clerk to whom any order is sent in accordance with the clerk to enter |
on the date on which he receives it, in the same manner as though the order had been made in bis court, distinguishing i t from other entries so as to show that i t is entered in pursuance of the Ordi- nance. '
| transmitted to a court in England or Ireland, or in any reciprocating jg*tether"*'1 | 6.—(1.) Where a provisional order, made by the Court, and provisional |
State,, has been remitted to the Court for the purpose of taking evidence, further evidence, the Clerk of the Court shall cause ' the matter to
| be brought before that court as soon as practicable.' | •' •, |
(2.) Before proceeding to take that evidence, the Court shall cause notice, ' in accordance with F o r m " 0 " in the Schedule . to these '
| Regulations, to be sent to the complainant. | ' | , |
7. When depositions taken by a court in England or Ireland Notice to
| to that court, for the purpose of taking further evidence, have .been 9f.^?tte£ | or in any reciprocating State,, in connexion with an order remitted ccSdMation |
| sent to the C o u r t the Clerk of the Court shall send a notice, in depositions |
| accordance with Form "D" | in the Schedule to these Regulations,' t aken- | |
| to the parties concerned, of the time and place at which the matter |
| will be considered by the Court. | .•'• • | . • • • • | |
| 8.—(1.), When an order provisionally made in • England or Notice of court's I re land or in any-reciprocating State, has been confirmed with or f̂ciston to be . without modification under section 6 of the Ordinance, or the Court secretary, |
| has decided not to confirm it, or where, after confirmation i t has been rescinded or varied, the Clerk of the. Court shall send notice of the Court's decision to the Secretary for transmission to the court by which the provisional order was made. |
| (2.) The notice required to be sent in pursuance of the last preceding regulation shall be in accordance with Eorm " E " in the Schedule to these Regulations, and shall be accompanied by a copy of the provisional order. |
9. When the 'Court , whether on proceedings for confirmation or Manner of
for rescission or variation, is satisfied that i t is necessary to remit cas îo°further
the case to the court which made the order, for the purpose of taking evince,
further evidence, the Clerk of the Court shall remit the case by | sending to the Secretary- for transmission to the clerk or some other | officer of the court which made the order a notice in accordance With |
| Form " F " in the Schedule to these Regulations, which shall set out matters in respect of which further evidence is necessary, and he shall attach a copy of the provisional order to the notice. |
10. When an order, has been, registered under section 3 of the payments
Ordinance, or a provisional order has been confirmed under section tobe'madeto thereunder shall be made to some member of the Police Force, who ° oe orcc" 6 of the Ordinance, the Court shall direct that all payments due members of
shall be furnished with a copy of the order.
11.—(1.) The member of the Police Force to whom payments Collection &c., are directed to be made, shall collect the moneys due under the SLaer'Srs"!" orders, and shall take all necessary proceedings for enforcing pay-
ment as provided by sub-section .{2.) of section 8 of the Ordinance, and shall hand the moneys when so collected, to the Clerk of the Court for transmission to the clerk of the court from which the
| order originally issued. | „ | , . |
(2.) A statement giving the names of the parties in the case, and particulars of the period covered by the payment, shall accom- pany each remittance, the cost of which shall be deducted by* the Clerk of the Court from- the amount to be remitted.
THE SCHEDULE.
T H E TERRITORY FOR THE SEAT or GOVERNMENT.
| Maintenance | Orders {Facilities for Enforcement) | Ordinance 1927 |
(a) Olork of •
| Petty Sessions | Requisition for Summons. ' |
| at. | To the (") |
| (6) State title |
| of act. | WHEREAS upon the application.of | a provisional order under |
| £he (b) | was made against | in the Court |
| holden a t | for the payment of | towards the |
| maintenance of |
And whereas a certified copy of the said r6,rder together with the deposi- tions of witnesses and a statement of the gWiunds on which the order might have been opposed, has been transmitted t o m e in the mariner prescribed:
| Now, therefore, I | K ...the Secretary to the Attorney- |
| General's ^Department, in accordance with" the provisions of the | Maintenance |
Orders {Facilities for Enforcement) Ordinance 1927, do hereby forward you the said documents and request you to. i,s£ue a summons against the said
calling upon him to appear before the Court of Petty
| Sessions to be holden a t | to show cause why the said |
| order should not he confirmed. | • • ' • ' . |
| Dated | a t | the | day of | , .19 |
Secretary to Attorney-General's Department.
T H E TERRITORY .FOR THE SEAT OF GOVERNMENT.
| Maintenance | Orders {Facilities for Enforcement) | Ordinance 1927. |
Summons to the Defendant to-show cause why a Provisional "Order should
| To | ., | . " ' , . ., | . | of | in the Territory for the |
' Seat of Government.
| WHEREAS upon the application of | a provisional order |
| under the | was made against you in the Court holden |
| a t | ' | for the payment of | towards the |
maintenance of . And whereas. a certified copy of the said order, together with the depositions of the witnesses and a state- ment of the grounds on which the order might have bceni opposed has been transmitted in the manner prescribed to the Secre ta ry ' to the Attorney- General's Department, ' who has caused the said order, depositions and state- ment to be sent to the Court of Pe t ty Sessions a t with
| a requisition tha t a summons be issued thereon-: | ; |
| This is therefore to command you to appear, on | the |
| day of | , 19 ., at ten o'clock in the forenoon |
| a t | the | Court of Pet ty | Sessions | a t | ' » - . ' • • | - b e f o r e , |
to show cause why the said order made against you should not be confirmed in accordance with the Maintenance Orders {Facilities for Enforcement) Ordinance 1927.
| Given under my luuid this | day of | . 19 . |
Clerk of Pet ty Sessions' at • •
| H.O. . | - | . | ; | • | . | . | . | Form | C. |
T H E TERRITORY FOR THE SEAT OF GOVERNMENT.
| Maintenance | Orders {Facilities for Enforcement) | Ordinance 1927. |
| In the Court of Pet ty Sessions holden at | in the |
| Complainant | and | ' „ Defendant. |
| To | of | in the Territory for the Seat of |
| Take notice tha t the provisional order for maintenance: made aga ins t t i i e above-named defendant on. the | day of | ' | , 19 |
| on your ' complaint has been remitted by | Court .at | . |
for the purpose of further evidence in the matter being taken.
You are therefore required to appear before the Court of Pet ty Sessions
| <hry of | , 19 , a t ten o'clock in the forenoon and there adduce |
to the Court further evidence touching the following matters :—
| Dated the | day of | iy |
| Clerk of Pet ty Sessions a t |
K
T H E TERRITORY FOR THE SEA»JH!OF GOVERNMENT.
| Maintenance Orders {Facilities for Enforcement) | Ordinance 1927. |
| In the Court of Pet ty Sessions holden a t | . | in the |
| Complainant | and | Defendant. |
| T° | of | in the Territory for the Seat |
of Government.
Take notice tha t certain depositions which may be inspected by you at my office and of which a. copy will be supplied tff you on payment of the prescribed fees have been forwarded • to this Court by the *
| Court in | and tha t the further consideration )f the |
| application now pending for the (*) | "f the provisional order (a)Confirmation, |
| herein will he proceeded with a t the | a t | in the J S r t f f i o r |
| said ' | . on the | day of | , 19 | , a t |
•ten of the clock in the forenoon.
Clerk of Pet ty Sessions 'a t
T H E TERRITORY iron THE SEAT OF GOVERNMENT.
| Maintenance Orders {Facilities for Enforcement) | Ordinance 1927. |
| In the Court of Pet ty Sessions .holden a t | in the |
| Cqiijplainant | and | Defendant. |
The order made in the ahove-mentioned case came before, this Court on ,
| the | day of | , 19 | , for (°) | (a) Confirmation, |
| and after due inquiry the Court arrived a t the following decision:—- | rescission,or |
[Here set out the Court's decision.']
| Dated the | • | day of | , 19 | . | . i |
Clerk of Pet ty Sessions a t
To the Clerk of the Court at
T H E TERRITORY FOB THE SEAT OF GOVERNMENT.
| Maintenance Orders {Facilities for Enforcement) | Ordinance 1927. |
| In the Court of Petty Sessions holden a t | in |
| Complainant | and | Defendant. |
| WHEREAS on the hearing of an application for the (") | . . | (a)Confirmation, |
of the provisional order herein, a copy of which is annexed, the Court was rescission, or
satisfied tha t i t was necessary to remit the case to the Court which made v n l a t l0n"
the order for the purpose of taking further evidence on the matters indicated
I do, therefore, hereby remit the case to you accordingly, and request t ha t the Court which made the order or some other competent Court will take further evidence on the following matters :-^-
IRere set out the matters on wJUoh the evidence is required.]
and will fnrther deal with the case according to law.
| Dated the | day of | ' , 19 . |
Cleric of Pet ty Sessions a t
The Secretary, Attorney-General's Department, Canberra.