De Facto Relationship Regulations 2000

De Facto Relationship Regulations 2000

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 De Facto Relationship Act 1999 .

15 May 2000

G. S. M. Green

Governor

By His Excellency's Command,

P. Patmore

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the De Facto Relationship Regulations 2000 .

2.   Commencement

These regulations take effect on 1 June 2000.

3.   Interpretation

In these regulations –

Act means the De Facto Relationship Act 1999 ;

registrar means registrar as defined in the Magistrates Court (Civil Division) Act 1992 .

4.   Prescribed order under section 43(1)

An order for periodic maintenance made by the Supreme Court under section 23 of the Act is a prescribed order for the purpose of section 43(1) of the Act.

5.   Certificate

(1)  A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 23 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.

6.   Application 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 23 of the Act recorded as being enforceable as if it were a judgment of the Magistrates Court.

(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)  A 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.

7.   Cancellation of record

(1)  Either party to a order for periodic maintenance is to give written notice to a registrar of any discharge, variation or suspension of the order.

(2)  On receipt of the notice, a registrar 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.

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

Notified in the Gazette on 24 May 2000

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for an order for periodic maintenance made by the Supreme Court to be recorded as a judgment of the Magistrates Court.