Relationships Regulations 2023 (Tas)

Relationships Regulations 2023

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 Relationships Act 2003 .

20 November 2023

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Justice

1. Short title These regulations may be cited as the Relationships Regulations 2023 .

2. Commencement These regulations take effect on 18 December 2023.

3. Interpretation In these regulations – Act means the Relationships Act 2003 ; Administrator of the Magistrates Court means the Administrator of the Magistrates Court as defined in the Magistrates Court Act 1987 ; registrar of the Magistrates Court means registrar as defined in the Magistrates Court (Civil Division) Act 1992 .

4. Prescribed order under section 67(1) of Act An order for periodic maintenance, made by the Supreme Court under section 47 of the Act, is a prescribed order for the purposes of section 67(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 47 of the Act may apply to the Registrar of the Supreme Court for a certificate in respect of the order. (2) The certificate referred to in subregulation (1) is to be in a form determined by the Registrar of the Supreme Court.

6. Application to record order for periodic maintenance (1) A person may make an application to a registrar of the Magistrates Court to have an order for periodic maintenance, made by the Supreme Court under section 47 of the Act, recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 . (2) An application under subregulation (1) in respect of an order for periodic maintenance is to include the following: (a) a certificate issued under regulation 5 ; (b) an affidavit of the person making the application under subregulation (1) stating that – (i) a copy of the order 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) After receiving an application under subregulation (1) in respect of an order for periodic maintenance, the registrar of the Magistrates Court – (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, if not satisfied as to the matters referred to in subregulation (2)(b) .