Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section has effect despite anything in Part VII.
(2) A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if:
(a) the person seeking payment is habitually resident in New Zealand; and
(b) determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia - New Zealand Agreement.
Note: Article 1.2 of the Agreement is as follows:
For the purposes of this Agreement a decision shall include:
(a) a child support assessment issued by an administrative authority;
(b) an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;
(c) an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);
(d) an order for child maintenance made by a judicial authority;
(e) an order for spousal maintenance made by a judicial authority;
(f) an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;
(g) an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f);
(h) a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.
(3) In this section:
"Australia-New Zealand Agreement" means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000.