Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:73:p1
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 73 (pt 1/2)
Character Range: 95891–98492

73  Transmission of orders to overseas jurisdiction
 (1) For the purposes of subsection 70N(1) of the Act, this section applies if:
 (a) a State child order, or a parenting order (other than a child maintenance order), is made by a court in Australia in relation to a child who is under 18; and
 (b) the order relates to a child to whom an overseas child order relates; and
 (c) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.
Note: For the meaning of prescribed overseas jurisdiction, see subsection 10(2) of this instrument.
 (2) A person:
 (a) with whom the child is supposed to live, spend time or communicate under the order; or
 (b) who has a right to custody of, or access to, the child under the order;
may request, in writing, the relevant Registrar of a court in Australia in which the order was made, registered or last varied, send the order to the prescribed overseas jurisdiction for registration and enforcement.
 (3) On receiving the request, the relevant Registrar of the court in Australia must send to the appropriate court or authority in the prescribed overseas jurisdiction:
 (a) 3 certified copies of the order; and
 (b) a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia; and
 (c) any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order; and
 (d) a request, in writing, that the order be made enforceable in the prescribed overseas jurisdiction.
Note: In the case of an order that has been varied, it is the current version of the order that must be sent.
 (4) If a court (the Australian court) exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the Australian court must send to the court in the prescribed overseas jurisdiction:
 (a) 3 certified copies of any order made by the Australian court and the reasons for the order; and
 (b) such further material as the court directs.
 (5) Nothing in this section prevents a person having a right of custody of or access to a child, or a right to have the child live with the person or to spend time or communicate with the child, under the order from:
 (a) obtaining certified copies of the order; or
 (b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the