Document ID: chunk:federal_register_of_legislation:C2024C00859:section:69e
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 69E
Character Range: 394329–395569

69E  Child or parent to be present in Australia etc.
 (1) Proceedings may be instituted under this Act in relation to a child only if:
 (a) the child is present in Australia on the relevant day (as defined in subsection (2)); or
 (b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day; or
 (c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
 (d) a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
 (e) it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings.
 (2) In this section:
relevant day, in relation to proceedings, means:
 (a) if the application instituting the proceedings is filed in a court—the day on which the application is filed; or
 (b) in any other case—the day on which the application instituting the proceedings is made.
Note: Division 4 of Part XIIIAA (International protection of children) has effect despite this section.