Northern Territory Repealed Regulations

This legislation has been repealed.

MAINTENANCE REGULATIONS

MAINTENANCE REGULATIONS

As in force at 22 January 1982

TABLE OF PROVISIONS

Regulation

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 22 January 1982. Any amendments that may come into operation after that date are not included.

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MAINTENANCE REGULATIONS

Regulations under the Maintenance Act

1. Short title

These Regulations may be cited as the Maintenance Regulations. (See back note 1)

1. Commencement

These Regulations shall come into operation on the date of commencement of the Maintenance Ordinance 1971. (See back note 2)

1. Definition

(1) In these Regulations, "the Ordinance" means the Maintenance Ordinance.

(2) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in the First Schedule.

1. Compliance with forms

Strict compliance with the forms in the First Schedule is not necessary and substantial compliance, or such compliance as the special circumstances of a particular case allow, is sufficient.

1. Complaint

A complaint under the Ordinance shall be in accordance with Form 1.

1. Collector's certificate

For the purpose of the definition of "collector's certificate" in subsection (1) of section 65 of the Ordinance, a collector's certificate shall be in accordance with Form 2.

1. Applications

A proceeding in a Court under the Ordinance, other than a proceeding that is required by the Ordinance to be instituted by making a complaint, shall be instituted by lodging with the Clerk for Courts of Summary Jurisdiction in the place where the application is lodged an application in accordance with Form 3.

1. Reciprocating countries

For the purpose of subsection (1) of section 93 of the Ordinance –

(a) each of the countries specified in Part I of the Second Schedule; and

(b) each of the countries, each country being a Province of Canada, specified in Part II of that Schedule,

is declared to be a reciprocating country.

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THE SCHEDULES

FIRST SCHEDULE

FORM 1

Regulation 5

THE NORTHERN TERRITORY OF AUSTRALIA

Maintenance Ordinance 1971

COMPLAINT

Defendant's Address Complainant's Address

The complaint of of

taken this day of 19   , before the undersigned, a Justice of the Peace of the Northern Territory of Australia, who upon oath or affirmation states (on behalf of

or on the complainant's own behalf and on behalf of ) that (full name, address and occupation of defendant) has (here set out particulars of the complaint).

2. On the hearing of this complaint, the Court will be asked to make the following orders:

1.
Taken and sworn (or )
affirmed) before me the )
day and year first )
above-mentioned at )

in the said Territory )

Justice of the Peace

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FORM 2

Regulation 6

THE NORTHERN TERRITORY OF AUSTRALIA

Maintenance Ordinance 1971

Sections 67, 77 and 82

COLLECTOR'S CERTIFICATE RELATING TO A MAINTENANCE ORDER

In the matter of an order made

by the (here set out the name

of the Court) on the       day

of            , 19  , for the

benefit of                   

against                .

I,                      of                      , the Collector of Maintenance for the Northern Territory of Australia, certify as follows:

1. Attached to this certificate are 3 copies of each of the following documents, each document containing an order (or orders) of a court for or relating to the payment of maintenance by (full name and address of defendant) (herein-after called "the defendant"):

(Here set out, in respect of each document –

(a) particulars of the court by which and the date on which, the order was (or the orders were) made;

(b) in the case of any provisional order – particulars of the court by which, and the date upon which, it was confirmed; and

(c) in the case of any order that was not made by it, but is registered, in a Court of Summary Jurisdiction – particulars of the date of registration.)

2. The documents so attached constitute certified copies of –

(a) a maintenance order under which the defendant is required to pay the sum of           weekly (or as the case may be) for the maintenance of the complainant.

(b) (If there are 2 or more complainants, set out in this and the following subparagraph the like particulars relating to the order made in respect of each other complainant.)

1. The maintenance order (or Each maintenance order) is enforceable in the Northern Territory of Australia under Division 3 of Part IV of the Maintenance Ordinance 1971.

or, in the case of an overseas order

1. The maintenance order (or Each maintenance order) is presently enforceable in the Northern Territory of Australia but not under the law of a State or any other Territory of Australia.
2. It appears to me that the defendant has ceased to reside in the Northern Territory of Australia and is resident in (or is proceeding to) (here set out name of the city or town and of the State, other Territory or country).

or, in the case of an overseas order

1. It appears to me that there are reasonable grounds for believing that the defendant has ceased to reside in the Northern Territory of Australia and is resident in (or is proceeding to) (here set out the name of the city or town and of the State or other Territory).
2. The amount due and unpaid in respect of the maintenance order relating to the complainant                                    , as at the                         day of                          19   , is $      , and the portion of that amount in respect of which the defendant has served or is to be deemed to have served a period of imprisonment is $      .
3. (If there are 2 or more complainants, set out in this and the following paragraphs the like particulars relating to the amount owing in respect of each other complainant.)

Dated this                 day of                 , 19   .

Collector of Maintenance

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FORM 3

Regulation 7

THE NORTHERN TERRITORY OF AUSTRALIA

Maintenance Ordinance 1971

APPLICATION TO A COURT OF SUMMARY JURISDICTION

In the matter of an order made

by the (here set out the name

of the Court) on the       day

of            , 19  , for the

benefit of                   

against                .

Application is made to a Court of Summary Jurisdiction by (full name) (on behalf of

                                 or on my own behalf and on behalf of                                             ) for the following orders:

1.
It is requested that this application be heard by a Court of Summary Jurisdiction at

on                         the                         day of                        , 19   , at           o'clock in the           noon, or soon thereafter as the course of business will permit.

Dated this               day of                    , 19  .

Applicant

This application is lodged by                       , the applicant, of (full address and occupation).

It is intended to serve this application on (full name, address and occupation). (or It is not intended to serve this application on any person.)

*To the above-named (full name of the person on whom a copy of the application is to be served):

If you do not attend such Court of Summary Jurisdiction as may be at the time and place specified above for hearing the application, such Court may + (either issue a warrant for your arrest or) hear and determine the application in your absence.

*Leave out if it is not intended to serve the application on any person.

+Leave out the words in brackets if the application is not an application to commit the person to prison

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SECOND SCHEDULE

RECIPROCATING COUNTRIES

Part I – Countries other than Provinces of Canada

Ceylon
Cook Islands
Republic of Cyprus
Fiji
Guernsey, Alderney and Sark
Republic of India
Jersey
Republic of Kenya
Republic of Malawi
Malaysia
Malta
Isle of Man
New Zealand
Niue
Pakistan
Sierra Leone
Republic of Singapore
Republic of South Africa
United Republic of Tanzania
Trinidad and Tobago
Uganda
United Kingdom of Great Britain and Northern Ireland
Independent State of Western Samoa

Republic of Zambia

Part II – Provinces of Canada

Alberta
British Columbia
Manitoba
Newfoundland
Ontario
Prince Edward Island
Saskatchewan

Notes

1. The Maintenance Regulations, in force under the Maintenance Act, comprise Regulations 1971, No. 15 and amendments made by other legislation, the details of which are specified in the following table:

(a) The form of introductory words used to make Regulations 1971, No. 15 was as follows:

"WHEREAS it is provided by subsection (1) of section 93 of the Maintenance Ordinance 1971 that, where the Administrator is satisfied that the law of a country makes provision for the enforcement in that country of maintenance orders made in another country and that under that law Territory orders may be made enforceable in that country, regulations may be made under that Ordinance declaring that country to be a reciprocating country for the purposes of Part IV of that Ordinance:

AND WHEREAS I, FREDERICK CHARLES CHANEY, the Administrator of the Northern Territory of Australia, am satisfied that the law of each country specified in the Second Schedule to these Regulations makes provision for the enforcement in that country of maintenance orders made in another country and that under that law Territory orders may be made enforceable in that country:

NOW THEREFORE I, FREDERICK CHARLES CHANEY, the Administrator aforesaid, having received the advice of the Administrator's Council, in pursuance of the powers conferred on me by the Maintenance Ordinance 1971 and the Administrator's Council Ordinance 1959-1963, hereby make the following Regulations.".

(b) The form of introductory words used to make Regulations 1973, No. 16 was as follows:

"WHEREAS it is provided by section 93(1) of the Maintenance Ordinance that, where the Administrator is satisfied that the law of a country makes provision for the enforcement in that country of maintenance orders made in another country and that under that law Territory orders may be made enforceable in that country, regulations may be made under that Ordinance declaring that country to be a reciprocating country for the purposes of Part IV of that Ordinance:

AND WHEREAS, section 3B(5) of the Northern Territory (Administration) Act 1910-1973 provides that an Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator:

AND WHEREAS I, THOMAS ALAN O'BRIEN, the Acting Administrator of the Northern Territory of Australia, am satisfied that the law of each country specified in the Second Schedule to these Regulations makes provision for the enforcement in that country of maintenance orders made in another country and that under that law Territory orders may be made enforceable in that country:

NOW THEREFORE I, THOMAS ALAN O'BRIEN, the Acting Administrator of the Northern Territory of Australia, having received the advice of the Administrator's Council, hereby make the following regulations under the Maintenance Ordinance.".

(c) General amendments of a formal nature (which are not referred to in the marginal notes to this reprint) are made by section 11 of the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Regulations 3, 4, 8 and First Schedule.

2. The Maintenance Ordinance came into operation on 30 June, 1971 (See N.T. Govt Gazette No. 24 of 16 June, 1971, page 206).

Table of Amendments

Regulation
Second
Schedule Amended by 1973, No. 16

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