Relationships Regulations 2003 (TAS)

Relationships Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Relationships Act 2003 .15 December 2003

RICHARD BUTLER

Governor

By His Excellency’s Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1Short titleThese regulations may be cited as the Relationships Regulations 2003 . 2CommencementThese regulations take effect on the day on which the Relationships Act 2003 commences. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Relationships Act 2003 ; registrar means registrar as defined in the Magistrates Court (Civil Division) Act 1992 . 4Prescribed order under section 67(1) of ActAn order for periodic maintenance made by the Supreme Court under section 47 of the Act is a prescribed order for the purpose of section 67(1) of the Act. 5Certificate (1) A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 47 of the Act may apply to the Registrar of the Supreme Court for a certificate. (2)  The certificate is to be in a form approved by the Registrar of the Supreme Court. 6Application to record order for periodic maintenance (1) A person may apply to a registrar to have an order for periodic maintenance made by the Supreme Court under section 47 of the Act recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 . (2)  The application is to include the following: (a) the certificate referred to in regulation 5 ; (b) an affidavit stating that – (i) a copy of the order for periodic maintenance was served on the person liable to make payments under the order; and (ii) the order has not been complied with for at least 14 days; and (iii) a specified amount of money is unpaid. (3)  The registrar – (a) is to record the order for periodic maintenance if satisfied as to the matters referred to in subregulation (2)(b) ; or (b) is not to record the order for periodic maintenance if not so satisfied. 7Cancellation of record (1)  The Registrar of the Supreme Court is to give written notice to the Administrator of the Magistrates Court of any discharge, variation or suspension of an order for periodic maintenance. (2)  On receipt of a notice under subregulation (1) , the Administrator of the Magistrates Court is to cancel the record of the order. (3)  On cancellation of the record – (a) the order is not enforceable in the Magistrates Court; and (b) any enforcement process ceases to have effect; and (c) a new application may be made under regulation 6 . 8FeesThe fees set out in Schedule 1 are prescribed as the fees that are payable under the Relationships Act 2003 in respect of the matters to which they respectively relate. Schedule 1Fees

Regulation 8

Fee (Fee units)
1.	A search of the Register in any one name (including the issue of the relevant certificate) –
(a) for a search covering a period not exceeding 5 years; and	28
(b) for each additional 5-year period or part of such a period	10
2.	An application for a search of the Register and the issue of a certified copy of an entry or document not otherwise provided for	28
3.	Priority fee for processing a search of the Register	20
4.	An application to register a deed of relationship	110
5.	An application for the amendment of information in the Register not otherwise provided for	30
6.	An application for the revocation of a deed of relationship	45

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 2003

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) provide for an order for periodic maintenance made by the Supreme Court under section 47 of the Relationships Act 2003 to be recorded as a judgment of the Magistrates Court; and (b) prescribe the fees payable under the Relationships Act 2003 .