Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if the Secretary receives:
(a) a certified copy of a provisional order made by a court in a reciprocating jurisdiction varying, discharging, suspending or reviving a maintenance order:
(i) made in Australia and enforceable in that jurisdiction; or
(ii) made in that jurisdiction and enforceable in Australia; and
(b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made.
(2) The Secretary must apply to a court for an order confirming the provisional order.
(3) The Secretary must serve a copy of the application on the respondent.
Note: Service is dealt with by the applicable Rules of Court.
(a) confirm the provisional order (with or without modification); or
(b) discharge the provisional order; or
(c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.
(5) A provisional order that is confirmed under this regulation (whether with or without modification) has effect in Australia as if it were an order made by a court having jurisdiction under the Act.
(6) In this regulation, a reference to a provisional order includes a reference to a provisional variation of:
(a) an Australian maintenance agreement; or
(b) an overseas maintenance agreement.