Document ID: chunk:federal_register_of_legislation:C2023C00233:section:46:p1
Version: federal_register_of_legislation:C2023C00233
Segment Type: section
Provision Reference: s 46 (pt 1/8)
Character Range: 50830–53721

46  Regulations
  The Governor‑General may make regulations prescribing matters:
 (a) required or permitted by this Act to be prescribed; or
 (b) necessary or convenient to be prescribed by carrying out or giving effect to this Act;
and, in particular, may make regulations relating to the practice and procedure of a superior court in proceedings for making an order under section 7, 9A, 10 or 11.

Schedule—Hague Convention abolishing the requirement of legalisation for foreign public documents

Section 3

The States signatory to the present Convention,

Desiring to abolish the requirement of diplomatic or consular legalisation for foreign public documents,

Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:

Article 1

The present Convention shall apply to public documents which have been executed in the territory of one contracting State and which have to be produced in the territory of another contracting State.

For the purposes of the present Convention, the following are deemed to be public documents:
  a) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process server ('huissier de justice');
  b) administrative documents;
  c) notarial acts;
  d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

However, the present Convention shall not apply:
  a) to documents executed by diplomatic or consular agents;
  b) to administrative documents dealing directly with commercial or customs operations.

Article 2

Each contracting State shall exempt from legalisation documents to which the present Convention applies and which have to be produced in its territory. For the purposes of the present Convention, legalisation means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.

Article 3

The only formality that may be required in order to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates.

However, the formality mentioned in the preceding paragraph cannot be required when either the laws, regulations, or practice in force in the