Family Law (Bilateral Arrangements—Intercountry Adoption) Amendment (2014 Measures No. 1) Regulation 2014

Select Legislative Instrument No. 7, 2014

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Family Law Act 1975.

Dated 26 February 2014

Quentin Bryce

Governor‑General

By Her Excellency’s Command

George Brandis QC

Attorney‑General

Contents

1 Name of regulation

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998

1  Name of regulation

  This regulation is the Family Law (Bilateral Arrangements—Intercountry Adoption) Amendment (2014 Measures No. 1) Regulation 2014.

2  Commencement

  This regulation commences on the day after it is registered.

3  Authority

  This regulation is made under the Family Law Act 1975.

4  Schedule(s)

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998

1  Regulation 3 (definition of adoption compliance certificate)

Repeal the definition, substitute:

adoption compliance certificate: see paragraph 5(1)(d).

2  Subregulation 5(1)

Repeal the subregulation, substitute:

 (1) This regulation applies to an adoption that takes place in a prescribed overseas jurisdiction if:

 (a) the adoption is of a child habitually resident in the prescribed overseas jurisdiction; and

 (b) the adoption is by a person habitually resident in a State of Australia; and

 (c) the competent authority of that State has agreed that the adoption may proceed; and

 (d) a certificate (an adoption compliance certificate) is in force in relation to the adoption that:

 (i) is issued by a competent authority of the prescribed overseas jurisdiction; and

 (ii) states that the adoption was carried out in accordance with the laws of the prescribed overseas jurisdiction; and

 (e) the adoption has the effect of ending the legal relationship between the child and each person who was, immediately before the adoption, the child’s parent.

3  Schedule 1

Repeal the Schedule, substitute:

Schedule 1—Prescribed overseas jurisdictions

Note: See regulation 4.