Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p77
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 77/86)
Character Range: 245032–247801

of the circumstances in which, under the laws of the Commonwealth, the States and the Territories, a person has, for the purposes of the Convention, custody of, or access to, a child, or a right or rights of custody or access in relation to a child.

   "(6) Expressions used in this section have the same meaning as they have in Part VII.".

Insertion of new section

  43. After section 111B of the Principal Act the following section is inserted:

Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

"111C.(1) The regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.

"(2) The regulations do not come into force until the day on which the Convention enters into force for Australia.".

Interpretation

  44. Section 112AA of the Principal Act is amended:

    (a) by omitting paragraph (a) of the definition of "court enforceable agreement" and substituting the following paragraph:

   "(a) a parenting plan registered in a court under section 63E; or";

    (b) by omitting "70C" from paragraph (b) of the definition of "order under this Act" and substituting "68B";

   (c) by omitting the definition of "access order";

   (d) by inserting:

    " 'contact order' means an order under this Act that provides for a person or persons to have contact with a child;".

Meaning of "contravene an order"

45. Section 112AB of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

  "(2) For the purposes of this Part:

   (a) a residence order is taken to include a requirement that persons act in accordance with section 65M in relation to the order; and

   (b) a contact order is taken to include a requirement that persons act in accordance with section 65N in relation to the order; and

   (c) a specific issues order to which section 65P applies is taken to include a requirement that persons act in accordance with that section in relation to the order.".

Meaning of "reasonable excuse for contravening an order"

46. Section 112AC of the Principal Act is amended:

  (a) by omitting from subsection (1) "and (3)" and substituting ", (3), (4) and (5)";

  (b) by omitting subsection (3) and substituting the following subsections:

    "(3) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a residence order in a way that resulted in a child not living with a person in whose favour the order was made if:

      (a) the respondent believed on reasonable grounds that the actions constituting