Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 111AA

  (1)   This section has effect despite anything in Part   VII.

  (2)   A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if:

  (a)   the person seeking payment is habitually resident in New Zealand; and

  (b)   determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia - New Zealand Agreement.

Note:   Article 1.2 of the Agreement is as follows:

  For the purposes of this Agreement a decision shall include:

(a)   a child support assessment issued by an administrative authority;

(b)   an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;

(c)   an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);

(d)   an order for child maintenance made by a judicial authority;

(e)   an order for spousal maintenance made by a judicial authority;

(f)   an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;

(g)   an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f);

(h)   a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.

  (3)   In this section:

"Australia-New Zealand Agreement" means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12   April 2000.