Document ID: chunk:federal_register_of_legislation:F2024C00436:reg:13
Version: federal_register_of_legislation:F2024C00436
Segment Type: reg
Provision Reference: reg 13
Character Range: 14865–16454

13  Request for return of child abducted to Australia
 (1) The Commonwealth Central Authority must take action to secure the return of a child under the Convention if:
 (a) it receives a request from:
 (i) a person, institution or other body that claims to have rights of custody in relation to the child who, in breach of those rights, has been removed from a convention country to Australia or has been retained in Australia; or
 (ii) a Central Authority on behalf of a person, institution or other body mentioned in subparagraph (i); and
 (b) it is satisfied that the request is in accordance with the Convention.
 (2) The Commonwealth Central Authority may, by notice in writing, refuse to accept a request received by it if it is satisfied that the request is not in accordance with the Convention.
 (3) A notice under subregulation (2) must:
 (a) be sent to the person, institution or other body that made the request; and
 (b) if the Commonwealth Central Authority received the request from a Central Authority—be sent to the Central Authority; and
 (c) include the reason for the refusal.
 (4) For subregulation (1), the action taken may include any of the following:
 (a) transferring the request to a State Central Authority;
 (b) seeking an amicable resolution of the differences, in relation to the removal or retention of the child, between the person making the request for the child's return and the person opposing the child's return;
 (c) seeking the voluntary return of the child;
 (d) applying for an order under Part 3.

Part 3—Court applications, except for access