Document ID: chunk:federal_register_of_legislation:F2024C00436:reg:23
Version: federal_register_of_legislation:F2024C00436
Segment Type: reg
Provision Reference: reg 23
Character Range: 31489–33259

23  Request for access to child in convention country
 (1) A person who claims under a law in force in Australia to have rights of access to a child in a convention country may request a responsible Central Authority to have arrangements made for establishing, organising or securing the effective exercise of those rights in that convention country.
Note: For persons who should be regarded as having a right of access to a child, see paragraph 111B(4)(d) of the Act.
 (2) A request must be:
 (a) in accordance with a form approved, in writing, by the Minister under subregulation (2A); and
 (b) in accordance with the Convention.
 (2A) The Minister may approve a form, in writing, for the purposes of paragraph (2)(a).
 (3) A State Central Authority that is satisfied that a request received by it complies with subregulation (2) must send the request to the Commonwealth Central Authority.
 (4) If the Commonwealth Central Authority is satisfied that a request received by it complies with subregulation (2), it must take any action required to be taken by a Central Authority under the Convention.
 (5) A responsible Central Authority that is satisfied that a request received by it does not comply with subregulation (2) may, by notice in writing, refuse to accept the request.
 (6) A notice under subregulation (5) from the Commonwealth Central Authority must:
 (a) be sent to the person who made the request; and
 (b) if the Commonwealth Central Authority received the request from a State Central Authority—be sent to the State Central Authority; and
 (c) include the reason for the refusal.
 (7) A notice under subregulation (5) from a State Central Authority must:
 (a) be sent to the person who made the request; and
 (b) include the reason for the refusal.