Document ID: chunk:federal_register_of_legislation:F2024C00370:reg:26
Version: federal_register_of_legislation:F2024C00370
Segment Type: reg
Provision Reference: reg 26
Character Range: 25379–26727

26  Application for variation or cancellation by State court
 (1) On the application of an interested person, a State 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 State court has jurisdiction under the Convention to take a measure of protection for the child.
 (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.