Maintenance Act 1965 (Qld)

Maintenance Act 1965

An Act to consolidate and amend the law relating to the making of orders for the maintenance of wives, husbands and children, and for confinement, medical and like expenses and funeral expenses, and for the enforcement of such orders and of similar orders made in certain other States, Territories and countries, and for purposes connected therewith

Part 1 Preliminary

1 Short title This Act may be cited as the Maintenance Act 1965.

3 [Repealed]

4 Repeals and savings (1) The Acts and enactments set out in the schedule to this Act are hereby repealed to the extent and as from the respective dates indicated in that schedule. (1A) However, except as in this Act expressly or by necessary implication provided, and without limiting the operation of the Acts Interpretation Act 1954— (a) all persons, things and circumstances appointed or created by or under any provision of the repealed Acts or existing or continuing under any provision of the repealed Acts immediately prior to the commencement of this Act or of the corresponding provision of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if the repealed Acts had not been repealed; and (b) in particular, and without affecting the generality of paragraph (a)— (i) the repeal of the repealed Acts shall not disturb the continuity of status, operation, or effect of any proclamation, regulation, rule, order, complaint, summons, warrant, application, appeal, determination, decision, endorsement, direction, declaration, certificate, consent, approval, disapproval, confirmation, objection, appointment, registration, condition, recognisance, notice, fee, liability, or right made, effected, issued, served, granted, given, passed, fixed, accrued, incurred, or acquired or existing or continuing by or under any provision of the repealed Acts prior to the commencement of this Act or of the corresponding provision of this Act; and (ii) any proceedings commenced under the Maintenance Act 1949, prior to the commencement of this Act, and not concluded prior to that commencement, shall for all the purposes of this Act be deemed to have been commenced under this Act and may be continued and an order made thereon accordingly; and (iii) where the original or duplicate of an order made in another Australian State or in a Territory has been received, prior to the commencement of part 4, division 2, from that State or Territory, accompanied by a request that the order be made enforceable in Queensland, and that order could, under the Interstate Destitute Persons Relief Act 1914, had that Act not been repealed, have been directed to be enforced in Queensland—the original or duplicate of the order and the request shall be deemed to have been received in Queensland after the commencement of part 4, division 2, and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such request accordingly; and (iv) where an application has, prior to the commencement of part 4, division 2, been made by or on behalf of a person for whose benefit an order, as defined in the Interstate Destitute Persons Relief Act 1914, has been made in Queensland to forward the order for enforcement in another Australian State or in a Territory, and that order could have been so forwarded under that Act, had that Act not been repealed—the application shall be deemed to have been made in Queensland after the commencement of part 4, division 2, and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such application accordingly; and (v) where a maintenance order, as defined in the Maintenance Orders (Facilities for Enforcement) Act 1921, has, prior to the commencement of part 4, division 3, been transmitted to Queensland from England or Ireland or from a State or country (not being an Australian State or a Territory), that was, immediately prior to the commencement of part 4, division 3, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921, and that is a reciprocating country under this Act—the order shall be deemed to have been transmitted to Queensland after the commencement of part 4, division 3, and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such order accordingly; and (vi) where a maintenance order, as defined in the Maintenance Orders (Facilities for Enforcement) Act 1921, has, prior to the commencement of part 4, division 2, been transmitted to Queensland from another Australian State or a Territory that was, at the time of that transmission, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921—the order shall be deemed to have been received in Queensland for registration and enforcement pursuant to part 4, division 2 and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such order accordingly; and (vii) where an application has been made, prior to the commencement of part 4, division 3, under the Maintenance Orders (Facilities for Enforcement) Act 1921, for a maintenance order, as defined in that Act, against a person resident in England or Ireland, or in a State or country (not being an Australian State or a Territory), that was, immediately prior to the commencement of part 4, division 3, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921, and that is a reciprocating country under this Act—the application shall be deemed to have been made after the commencement of part 4, division 3, and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such application accordingly; and (viii) where a provisional order was made, prior to the commencement of part 4, division 3, in England or Ireland, or in a State or country (not being an Australian State or a Territory) that was, immediately prior to the commencement of part 4, division 3, a reciprocating state under the Maintenance Orders (Facilities for Enforcement) Act 1921, and that is a reciprocating country under this Act, and the provisional order has been received in Queensland for confirmation under the Maintenance Orders (Facilities for Enforcement) Act 1921—the order shall be deemed to have been received in Queensland after the commencement of part 4, division 3, and the provisions of that division, with such modifications as are necessary, shall apply to and with respect to every such provisional order accordingly; and (ix) where an order made under the repealed Acts for the enforcement of an order enforceable under this Act was in force immediately prior to the commencement of this Act—that enforcement order shall, if a like order of enforcement could be made under this Act, continue in force as if it were such like order, and compliance therewith may be enforced or noncompliance therewith punished accordingly; and (x) where an order enforceable under the repealed Acts and enforceable under this Act was, prior to the commencement of this Act, disobeyed or not complied with—that disobedience or noncompliance shall be deemed to have occurred after the commencement of this Act and any proceedings relating to that disobedience or noncompliance may be taken or, if already commenced, may be concluded, under this Act, and the several provisions of this Act, with such modifications as are necessary, shall apply to and with respect to those proceedings accordingly; and (xi) every penalty imposed under any provision of the repealed Acts and not enforced or recovered prior to the commencement of the corresponding provision of this Act may be enforced or recovered as if the repealed Acts had not been repealed; and (xii) every proceeding for an offence against any provision of the repealed Acts (other than an offence of failing to comply with an order) commenced or pending immediately prior to the commencement of the corresponding provision of this Act may be carried on and prosecuted as if the repealed Acts had not been repealed and no such proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained; and (xiii) every investigation or inquiry commenced under the repealed Acts may be continued and concluded as if the repealed Acts had not been repealed, and any offence against any provision of the repealed Acts (other than an offence of failing to comply with an order) committed prior to the commencement of the corresponding provision of this Act may be investigated and prosecuted and any penalty may be imposed and enforced with respect thereto as if the repealed Acts had not been repealed. (2) Notwithstanding the provisions of subsections (1) and (1A), where a State or country (not being an Australian State or a Territory) that was, immediately prior to the commencement of part 4, division 3, a reciprocating State under the Maintenance Orders (Facilities for Enforcement) Act 1921 (in this subsection called the repealed Acts) is not a reciprocating country under this Act— (a) a maintenance order made in that State or country and enforceable in Queensland under or pursuant to the repealed Acts is not enforceable in Queensland under this Act; and (b) every warrant or other process arising out of any such order previously issued in Queensland and not executed ceases to have effect; but this subsection does not affect the validity of anything done for the enforcement of the order under or in pursuance of the repealed Act while that State or country was a reciprocating State under the repealed Act.