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Maintenance Orders Enforcement Regulation 1971

Maintenance Orders Enforcement Act 1970
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 279.

Maintenance Orders Enforcement Regulation 1971

ARRANGEMENT OF SECTIONS.

Maintenance Orders Enforcement Regulation 1971

MADE under the Maintenance Orders Enforcement Act 1970.

Dated                   200 .

1. COMPLAINTS.

A complaint under the Act shall be in Form 1.

2. SUMMONSES, ETC.

(1) A summons under Sections 43 and 65 of the Act shall be in Form 2.

(2) A direction under Section 74 of the Act shall be in Form 3.

3. CERTIFICATE OF THE CLERK.

A certificate of the Clerk–

(a) under Section 7 of the Act shall be in Form 4; and

(b) under Section 25 of the Act shall be in Form 5.

4. COLLECTOR’S CERTIFICATE.

A collector’s certificate referred to in Section 27 of the Act shall be in Form 6.

5. APPLICATIONS TO THE COURT GENERALLY.

^[1]An application to the Court–

(a) for an order under Section 4(1) of the Act shall be in Form 7; and

(b) for an order under Section 8(1) of the Act shall be in Form 8; and

(c) for an order under Section 10(1) of the Act shall be in Form 9; and

(d) for an attachment of earnings order under Section 13(1) of the Act shall be in Form 10; and

(e) for an order discharging, suspending or varying an attachment of earnings order under Section 16 of the Act shall be in Form 11; and

(f) for a determination under Section 22 of the Act shall be in Form 12; and

(g) [Repealed.]

(h) for a provisional order under Section 40 of the Act shall be in Form 14; and

(i) by the defendant for a provisional order under Section 49(1) of the Act suspending or varying an overseas order shall be in Form 15; and

(j) by the complainant for a provisional order under Section 49(2) of the Act varying or reviving an overseas order shall be in Form 16; and

(k) by the defendant under Section 73 of the Act to set aside an order of the Court made under Section 66 of the Act or for the rehearing of the matter shall be in Form 17.

6. APPLICATIONS BY THE COLLECTOR.

^[2]An application to the Court by the Collector–

(a) [Repealed.]

(b) for the issue of a summons under Section 43 of the Act shall be in Form 19; and

(c) for an order under Section 54 of the Act shall be in Form 20.

7. ORDERS OF THE COURT.

^[3]An order of the Court–

(a) that the defendant enter into a recognizance under Section 8 of the Act shall be in accordance with Paragraph (a) of Form 21; and

(b) for execution against the property of the defendant under Section 10 of the Act shall be in accordance with Paragraph (b) of Form 21; and

(c) for an attachment of earnings order under Section 13 of the Act shall be in accordance with Paragraph (c) of Form 21; and

(d) for the discharge, suspension or variation under Section 16 of the Act of an attachment of earnings order shall be in accordance with Paragraph (d) of Form 21.

(e) [Repealed.]

84. ^[4][REPEALED.]
9. PROVISIONAL ORDERS UNDER SECTION 49 OF THE ACT.

A provisional order made on the application of–

(a) the defendant for the discharge of an overseas order under Section 49(1) of the Act shall be in Form 23; and

(b) the complainant for the variation or revival of a Papua New Guinea order enforceable in a reciprocating country under Section 49(2) of the Act shall be in Form 24.

10. DETERMINATION AS TO EARNINGS.

A determination by the Court under Section 22 of the Act as to whether moneys are earnings for the purposes of an attachment of earnings order shall be in Form 25.

11. RECIPROCATING COUNTRIES.

For the purposes of Part III of the Act, it is hereby declared, under Section 55 of the Act, that–

(a) each of the countries specified in Part 1 of Schedule 2 is a reciprocating country; and

(b) each of the countries specified in Part 2 of that Schedule has restricted reciprocity with Papua New Guinea.

SCHEDULE 1

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 1 – COMPLAINT.

Reg., Sec. 1. Form 1.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 2 – SUMMONS.

Act, Secs. 43, 65. Form 2.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 3 – DIRECTION UNDER SECTION 74 OF THE MAINTENANCE ORDERS ENFORCEMENT ACT.

Act, Sec. 74. Form 3.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 4 – CERTIFICATE OF AMOUNT DUE AND PAYABLE.

Act, Sec. 7. Form 4.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 5 – CERTIFICATE UNDER SECTION 25(4) OF THE MAINTENANCE ORDERS ENFORCEMENT ACT.

Act, Sec. 25(4). Form 5.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 6 – COLLECTOR’S CERTIFICATE.

Act, Secs. 27, 29, 39, 44. Form 6.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 7 – APPLICATION TO COMMIT THE DEFENDANT TO PRISON.

Act, Sec. 4(1). Form 7.Reg., Sec. 5(a).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 8 – APPLICATION BY THE COMPLAINANT THAT THE DEFENDANT ENTER INTO RECOGNIZANCE.

Act, Sec. 8(1). Form 8.Reg., Sec. 5(b).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 9 – APPLICATION FOR SEIZURE OF GOODS, ETC.

Act, Sec. 10(1). Form 9.Reg., Sec. 5(c).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 10 – APPLICATION FOR ATTACHMENT OF EARNINGS ORDER.

Act, Sec. 13(1). Form 10.Reg., Sec. 5(d).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 11 – APPLICATION FOR AN ORDER DISCHARGING, SUSPENDING OR VARYING AN ATTACHMENT OF EARNINGS ORDER.

Act, Sec. 16. Form 11.Reg., Sec. 5(e).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 12 – APPLICATION FOR DETERMINATION AS TO EARNINGS.

Act, Sec. 22 Form 12.Reg., Sec. 5(f).

^[5]PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 14 – APPLICATION FOR A PROVISIONAL ORDER AGAINST A PERSON RESIDENT OR PROCEEDING TO A RECIPROCATING COUNTRY.

Act, Sec. 40. Form 14.Reg., Sec. 5(h).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 15 – APPLICATION BY THE DEFENDANT FOR A PROVISIONAL ORDER DISCHARGING, SUSPENDING OR VARYING AN OVERSEAS ORDER.

Act, Sec. 49(1). Form 15.Reg., Sec. 5(i).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 16 – APPLICATION BY THE COMPLAINANT FOR A PROVISIONAL ORDER VARYING OR REVIVING AN OVERSEAS ORDER.

Act, Sec. 49(2). Form 16.Reg., Sec. 5(j).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 17 – APPLICATION BY DEFENDANT TO SET ASIDE AN ORDER UNDER SECTION 66 OF THE MAINTENANCE ORDERS ENFORCEMENT ACT.

Act, Sec. 73. Form 17.Reg., Sec. 5(k).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 19 – APPLICATION BY THE COLLECTOR FOR A SUMMONS TO THE DEFENDANT.

Act, Sec. 43. Form 19.Reg., Sec. 6(b).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 20 – .

Act, Sec. 54. Form 20.Reg., Sec. 6(c).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 21 – ^[6]ORDER OF THE COURT.

Act, Sec. 8, 10,13, 16, 37. Form 21.Reg., Sec. 7.

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 23 – PROVISIONAL ORDER DISCHARGING, SUSPENDING OR VARYING AN OVERSEAS ORDER.

Act, Sec. 49(1). Form 23.Reg., Sec. 9(a).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 24 – PROVISIONAL ORDER FOR THE VARIATION OR REVIVAL OF A PAPUA NEW GUINEA ORDER ENFORCEABLE IN A RECIPROCATING COUNTRY.

Act., Sec. 49(2). Form 24.Reg., Sec. 9(b).

PAPUA NEW GUINEA.

Maintenance Orders Enforcement Act 1970.

Form 25 – DETERMINATION UNDER SECTION 21 OF THE MAINTENANCE ORDERS ENFORCEMENT ACT.

Act, Sec. 22. Form 25.Reg., Sec. 10.

SCHEDULE 2 – ^[7]RECIPROCATING COUNTRIES.

Act, Sec. 55. Reg., Sec. 11.

PART 1^[8] – ^[9]RECIPROCATING COUNTRIES.

Alberta, Province of

Australia

British Columbia, Province of

Cook Islands (including Niue)

Kiribati

Manitoba, Province of

Newfoundland, Province of

New Zealand, Dominion of

Norfolk Island

Nova Scotia, Province of

Ontario, Province of

Prince Edward Island, Province of

Saskatchewan, Province of

Solomon Islands

Tuvalu

United Kingdom

Western Samoa, Independent State of

PART 2 – RECIPROCATING COUNTRIES WITH RESTRICTED RECIPROCITY.

Office of Legislative Counsel, PNG

1. ^[1]Section 5 amended by No. 27 of 1976, s1.
2. ^[2]Section 6 amended by No. 27 of 1976, s2.
3. ^[3]Section 7 amended by No. 27 of 1976, s3.
4. ^[4]Section 8 Section 8 of the Maintenance Orders Enforcement Regulation (Chapter 279) was repealed by No. 27 of 1976, s4.
5. ^[5]Schedule 1, Form 13 repealed by No. 27 of 1976, s5; Schedule 1, Form 18 repealed by No. 27 of 1976, s5; Schedule 1, Form 22 repealed by No. 27 of 1976, s. 5(b).
6. ^[6]Schedule 1, Form 21 amended by No. 27 of 1976, s5(b).
7. ^[7]Schedule 2 amended by No. 16 of 1983, s2 and s3.
8. ^[8]Schedule 2, Part I amended by No. 27 of 1976, s6, No. 16 of 1983, s2 and s3.
9. ^[9]Schedule 2, Part I amended by No. 27 of 1976, s6, No. 16 of 1983, s2 and s3.