Family Law (Child Abduction Convention) Amendment Regulations 2003 (No. 1)1
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.
Dated 18 December 2003
P. M. JEFFERY
Governor-General
By His Excellency’s Command
Attorney-General
1 Name of Regulations
These Regulations are the Family Law (Child Abduction Convention) Amendment Regulations 2003 (No. 1).
2 Commencement
These Regulations commence on gazettal.
3 Amendment of Family Law (Child Abduction Convention) Regulations 1986
Schedule 1 amends the Family Law (Child Abduction Convention) Regulations 1986.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 10
substitute
10 Convention countries
Subject to Article 40 of the Convention, each of the following countries is a convention country:
(a) a country specified in Schedule 2, being a country:
(i) as between Australia and which the Convention entered into force on the date specified in column 2 in relation to that country; and
(ii) that has acceded to the Convention with reservations in accordance with Article 42 of the Convention in respect of any provisions specified in column 3 in relation to that country;
(b) any other country in respect of which the Convention has entered into force for Australia.
[2] Schedule 2
substitute
Schedule 2 Convention countries
(regulation 10)
Country | Date | Provision(s) |
Argentina | 1 June 1991 |
|
Austria | 1 October 1988 |
|
Bahamas | 1 September 1994 |
|
Belarus | 1 November 1998 | Article 26, third paragraph |
Belgium | 1 May 1999 |
|
Belize | 1 March 1990 | Article 24 and Article 26, third paragraph |
Bosnia and Herzegovina | 1 December 1991 |
|
Brazil | 1 May 2001 | Article 24 |
Burkina Faso | 1 April 1993 |
|
Canada: (a) all Provinces and Territories not mentioned in paragraphs (b) to (f) |
1 January 1987 |
Article 26, third paragraph |
(b) Alberta | 1 February 1987 | Article 26, third paragraph |
(c) Manitoba | 1 January 1987 |
|
(d) Northwest Territories | 1 April 1988 | Article 26, third paragraph |
(e) Nunavut | 1 January 2001 | Article 26, third paragraph |
(f) Quebec | 1 January 1987 | Article 24 and Article 26, third paragraph |
Chile | 1 November 1994 |
|
China — in relation only to the following Special Administrative Regions: |
|
|
(a) Hong Kong | 1 September 1997 | Article 26, third paragraph |
(b) Macau | 1 March 1999 |
|
Colombia | 1 December 1997 |
|
Costa Rica | 1 May 2000 |
|
Croatia | 1 December 1991 |
|
Cyprus | 1 November 1995 |
|
Czech Republic | 1 March 1998 | Article 26, third paragraph |
Denmark | 1 July 1991 | Article 24 and Article 26, third paragraph |
Ecuador | 1 April 1993 |
|
El Salvador | 1 January 2003 | Article 26, third paragraph |
Estonia | 1 January 2003 | Article 24 and Article 26, third paragraph |
Fiji | 1 May 2000 |
|
Finland | 1 August 1994 | Article 24 and Article 26, third paragraph |
France — the whole of the territory of the French Republic | 1 January 1987 | Article 24 and Article 26, third paragraph |
Georgia | 1 January 1998 |
|
Germany | 1 December 1990 | Article 26, third paragraph |
Greece | 1 June 1993 | Article 24 and Article 26, third paragraph |
Honduras | 1 September 1994 | Article 26, third paragraph |
Hungary | 1 March 1988 |
|
Iceland | 1 December 1997 | Article 24 and |
Ireland | 1 October 1991 |
|
Israel | 1 December 1991 | Article 26, third paragraph |
Italy | 1 May 1995 |
|
Latvia | 1 January 2003 | Article 24 |
Luxembourg | 1 January 1987 | Article 26, third paragraph |
Malta | 1 May 2001 |
|
Mauritius | 1 January 1994 | Article 26, third paragraph |
Mexico | 1 June 1992 |
|
Moldova | 1 November 1998 | Article 26, third paragraph |
Monaco | 1 January 1994 | Article 26, third paragraph |
Netherlands | 1 September 1990 | Article 26, third paragraph |
New Zealand | 1 June 1992 | Article 24 and Article 26, third paragraph |
Norway | 1 April 1989 | Article 24 and Article 26, third paragraph |
Panama | 1 September 1994 | Article 26, third paragraph |
Paraguay | 1 April 1999 |
|
Peru | 1 January 2003 |
|
Poland | 1 January 1994 | Article 26, third paragraph |
Portugal | 1 January 1987 |
|
Romania | 1 January 1994 |
|
Saint Kitts and Nevis | 1 November 1995 | Article 26, third paragraph |
Serbia and Montenegro | 1 December 1991 |
|
Slovakia | 1 February 2001 | Article 26, third paragraph |
Slovenia | 1 November 1994 |
|
South Africa | 1 January 1998 | Article 24 and Article 26, third paragraph |
Spain | 1 October 1987 |
|
Sri Lanka | 1 January 2003 | Article 24 and Article 26, third paragraph |
Sweden | 1 June 1989 | Article 26, third paragraph |
Switzerland | 1 January 1987 |
|
The former Yugoslav Republic of Macedonia | 1 December 1991 |
|
Trinidad and Tobago | 1 May 2001 |
|
Turkey | 1 August 2000 | Article 26, third paragraph |
Turkmenistan | 1 November 1998 |
|
United Kingdom of Great Britain and Northern Ireland — | 1 January 1987 | Article 26, third paragraph |
(a) Bermuda | 1 March 1999 | Article 26, third paragraph |
(b) Cayman Islands | 1 August 1988 | Article 26, third paragraph |
(c) Falkland Islands | 1 June 1998 | Article 26, third paragraph |
(d) Isle of Man | 1 September 1991 | Article 26, third paragraph |
(e) Montserrat | 1 March 1999 | Article 26, third paragraph |
United States of America | 1 July 1988 | Article 24 and Article 26, third paragraph |
Uruguay | 1 May 2001 |
|
Uzbekistan | 1 May 2001 | Article 26, third paragraph |
Venezuela | 1 January 1997 | Article 24 and Article 26, third paragraph |
Zimbabwe | 1 April 1996 | Article 26, third paragraph |
Notes
1. These Regulations amend Statutory Rules 1986 No. 85, as amended by 1989 No. 206; 1990 No. 37; 1992 Nos. 34 and 159; 1993 Nos. 263 and 358; 1994 Nos. 252, 275 and 344; 1995 Nos. 296 and 334; 1996 No. 74; 1997 Nos. 98, 292, 315 and 347; 1998 Nos. 59, 340 and 341; 1999 No. 222; 2000 Nos. 208 and 275; 2002 No. 110.
2. Notified in the Commonwealth of Australia Gazette on 23 December 2003.