Matrimonial Causes Acts Amendment Act of 1945 (9 Geo Vi No. 8) (Qld)

394 MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 9 GEO. VI. No. 8, (2.) Any proceedings authorised by this section in relation to an order made under this Act may be taken by the person in whose favour the order was made or any other person on his behalf. (3.) Any proceedings authorised by this section in relation to an order made enforceable in this State by virtue of this Act shall be taken only by the collector or the assistant collector. (4.) Nothing in this section shall prejudice or affect or be deemed to prejudice or affect the provisions of *"The Maintenance and Alimony Relief Act of 1935," but the provisions of such lastmentioned Act shall be and continue to be of full force and effect and whether the order in question was, or may be, enforced by the method set forth in paragraph (a) of subsection one hereof, or by the method set forth in paragraph (b) or (c) of the said subsection, or by anyone or more of such methods as so provided in the said subsect,ion one. (5.) The provisions of this section shall apply in relation to orders of the kind specified in this section whether made before, on, or after the commencement of t" The Interstate Destitute Persons Relief Acts Amendment Act of 1944." " 9 GEO. VI. An Aot to Amend "The Matrimonial Causes Aots, N T o U . E 8. 1864 to 1944," in oertain partioulars MATRIMONIAL CAUSES ACTS AMENDMENT t [RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED: AOT OF 1945. 8TH MARCH, 1945.] : B E it enacted by the King'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 1. (1.) This Act may be cited as "The Matrimonial and Causes Acts Amendment Act of 1945," and shall construction be read as one with §" The Matrimonial Causes Acts, 1864 to 1944," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively be title. cited as "The Matrimonial Causes Acts, 1864 to 1945." * 26 G. 5 No. 29, v. 6, p. 118. t This Act. t Ga.zeUe 11th December, 1944, p. 1078; 8th March, 1945, p. 569; and 14th March, 1945, p. 629. § 28 V. No. 29 and amending Acts, v. 6, pp. 40 et Beq.

1945. MARRIAGE AND DIVORCE. Matrimorn!utl Causes Acts Amendment Act. B95 2. Section twenty-one of" *The Matr1:monial Causes Amendment Jurisdiction Act of 1864" (as amended by subsequent ~ g8~ ic .. Acts) is amended as follows : - No. 29. Sub-paragraph (b) of the third paragraph is repealed [ Di8soJ~ tion and the following sub-paragraph (b) is inserted in lieu ~ ~ : = s­ thereof, namely :- " (b) Has deserted him or her without cause con- tinuously for three years or upwards, whether before, or after the first day of September, one thousand nine hundred and forty-four, or partly before and partly after that date." 3. Section twenty-two of *" The Matrimonial Causes Amendment Jurisdiction Act of 1864" (as amended by subsequent ~ ~ V. 22 of Acts) is amended by inserting after the words "of No. ~ ~ ' . marriage" where such words first occur the words "or for nullity of marriage." 4. Section thirty-seven of *" The Matrimonial Causes Amendment Jurisdiction Act of 1864" (as amended by subsequent of s. 37 of i:. Acts) is amended by deleting the words" five years" in ViC• No. the proviso thereof, and inserting the words "three years" in lieu thereof. 5. Section seven of t" The Matrimonial Causes Act Amendment O 'J f 1875" is amended as follow • s'- 3 o 9 fs V .. I H e. }f' (a) In the first paragraph after the words" for a No. 13. divorce" the words "or a decree for nullity 01 marriage " are inserted. (b) In the third paragraph after the word" decree" the words "for a divorce or for nullity of marriage, as the case may be" are inserted. (c) In the last paragraph after the words" obtaining a divorce" the words "or a decree for nullity of marriage " are inserted. (d) In the side note after the word " divorce " the words " or for nullity of marriage" are inserted. 6. Section 7A of t" The Matrimonial Causes Act of Amendment 1875" (as inserted by section two of t" The Matrimonial ofs. 7A of Oauses Acts Further Amendment Act of 1944") is amended~: V;~ ·. by inserting after the words " of a marriage" the words " or for nullity of marriage. " * 28 V. No. 29, v. 6, p. 40. t 39 V. No. 13, v. 6, p. 78. t 8 G. 6 No. 1, 1943 Sess. v., p. 120.

396 MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 9 GEO. VI. No. 8, 1945. Retro· spective operation and effect of this Act. 7. It is hereby declared that- (1.) Every decree for nullity of marriage pronounced by the Court subsequent to the first day of September, one thousand nine hundred and forty-four, shall be and be deemed in the first instance a decree nisi and as such, subject to the provisions of section seven of *" The Matrimonial Cav,ses Act of 1875" as amended by this Act; (2.) The provisions of*"TheMatrimonial Causes Act of 1875" as amended by section five of this Act shall extend and apply to any action, suit or proceeding for a decree of nullity of marriage had, taken or commenced prior to the passing of this Act, and in respect of which the Court had not pronounced judgment prior to such passing, and to the intent that the Attorney-General may inter- vene in any such action, suit or proceeding as fully and completely as if section seven of *" The Matrimonial Causes Act of l875 " as amended by section five of this Act had been so amended prior to the commencement. of such action, suit or proceeding, and to the intent that such amendments shall have full retrospective operation and effect accordingly. * 39 V. No. 13, v. 6, p. 78. MARSUPIAL DESTRUCTION. See LAND. MARSUPIAL PROOF FENCING. See BANKING. MERCANTILE (TRADE DESCRIPTIONS). See HEALTH. MERCHANT SEAMEN. See INCOME TAX.