Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p44
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 44/86)
Character Range: 163242–166050

this Subdivision:

'appropriate authority', in relation to a Commonwealth instrumentality, means a person:

(a) who in, or in relation to, the instrumentality:

       (i) holds a Senior Executive Service office in the Australian Public Service; or

       (ii) holds an office or position that is at a level equivalent to a Senior Executive Service office in the Australian Public Service; or

   (b) who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders;

'Commonwealth information order' has the meaning given by subsection 67J(2);

'Department' means a Department of State of the Commonwealth;

'information about the child's location', in the context of a location order made or to be made by a court t in relation to a child, means information about:

(a) where the child is; or

(b) where a person who the court has reasonable cause to believe has the child is;

'location order' has the meaning given by subsection 67J(1);

'principal officer', in relation to a Commonwealth instrumentality, means:

   (a) if the regulations declare an office to be the principal office in respect of the instrumentality—the person holding, or performing the duties of, that office; or

   (b) the person who constitutes the instrumentality or who is entitled to preside at any meeting of the instrumentality, or of its governing body, at which the person is present;

'recovery order' has the meaning given by section 67Q;

'Registrar' means:

   (a) in relation to the Family Court, or the Family Court of Western Australia—the Registrar, or a Deputy Registrar, of that court; and

   (b) in relation to any other court—the principal officer of that court.

Meaning of "location order" and "Commonwealth information order"

"67J.(1) A location order is an order made by a court requiring:

   (a) a person to provide the Registrar of the court with information that the person has or obtains about the child's location; or

   (b) the Secretary of a Department, or an appropriate authority of a Commonwealth instrumentality, to provide the Registrar of the court with information about the child's location that is contained in or comes into the records of the Department or instrumentality.

"(2) A Commonwealth information order is a location order described in paragraph (l)(b).

Who may apply for a location order

"67K. A location order in relation to a child may be applied for by:

(a) a person who has a residence order in relation to the child; or

(b) a person who has a contact order in relation to the child; or

    (c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or

   (d) any other