Document ID: chunk:federal_register_of_legislation:F2024C00370:reg:15
Version: federal_register_of_legislation:F2024C00370
Segment Type: reg
Provision Reference: reg 15
Character Range: 17866–19516

15  Application for variation or cancellation by court
 (1) On the application of an interested person, a court may make an order:
 (a) varying the application of a recognised foreign measure; or
 (b) cancelling the registration of a recognised foreign measure relating to a child.
 (2) An order may be made only if:
 (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or
 (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or
 (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or
 (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.
 (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:
 (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and
 (b) did not take the measure as a matter of urgency.
 (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.