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FAMILY LAW ACT 1975 - SECT 111AA

Maintenance obligations with New Zealand

             (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.



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