Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p73
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 73/86)
Character Range: 235100–237830

under this Part in relation to a child; and

   (b) an overseas child order, other than an excluded order, that relates to the child but that has a different effect from the Australian order has been registered under section 70G (whether before or after the making of the Australian child order) and its registration has not been cancelled.

"(3) A responsible person under the overseas child order may apply to a court having jurisdiction under this Part for the discharge of the Australian child order.

"(4) A responsible person under the Australian child order may apply to a court having jurisdiction under this Part for the cancellation of the registration of the overseas child order.

"(5) If an application is made under subsection (3) or (4), the court must:

    (a) if a condition specified in subsection (6) is satisfied—cancel the registration of the overseas child order; or

(b) in any other case—discharge the Australian child order.

"(6) For the purposes of paragraph (5)(a), the conditions are:

   (a) each responsible person under the overseas child order consents to the cancellation of the registration of the order; or

   (b) the court is satisfied that there are substantial grounds for believing that the child's welfare will be adversely affected if the overseas child order continues to operate in relation to the child; or

   (c) the court is satisfied that there has been a change in the circumstances of the child since the overseas child order was made that makes it inappropriate for the order to continue to operate in relation to the child.

"Subdivision D—Transmission of Australian orders to overseas jurisdictions

Registrar to send documents etc. to overseas jurisdiction

"70M.(1) This section applies if:

   (a) a court in Australia makes, in relation to a child who is under 18, a residence order, a contact order or a specific issues order, or a State child order as defined in section 70B; and

   (b) the order is enforceable in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C.

"(2) A person referred to in subsection (3) may, in writing, request the Registrar of the court to send to an appropriate court or authority in the overseas jurisdiction the documents and information necessary for securing the enforcement of the order in the overseas jurisdiction.

"(3) A request under subsection (2) may be made by:

(a) a person with whom the child is supposed to live or have contact under the order; or

(b) a person who has a right to custody of, or of access to, the child under the order.

"(4) The Registrar of the court must comply with a request under subsection (2).

Regulations may deal with sending Australian orders etc. to overseas