Document ID: chunk:federal_register_of_legislation:F2024C00436:reg:24
Version: federal_register_of_legislation:F2024C00436
Segment Type: reg
Provision Reference: reg 24
Character Range: 33259–34532

24  Request for access to child in Australia
 (1) The Commonwealth Central Authority must take action to establish, organise or secure the effective exercise of rights of access to a child in Australia if:
 (a) it receives a request from a Central Authority on behalf of a person who claims:
 (i) to have rights of access to the child under a law in force in a convention country; and
 (ii) that those rights have been breached; and
 (b) it is satisfied that the request is in accordance with the Convention.
 (2) The Commonwealth Central Authority may, by notice in writing, refuse to accept a request received by it if it is satisfied that the request is not in accordance with the Convention.
 (3) A notice under subregulation (2) must:
 (a) be sent to the Central Authority that sent the request; and
 (b) include the reason for the refusal.
 (4) For subregulation (1), the action taken may include any of the following:
 (a) transferring the request to a State Central Authority;
 (b) applying to a court under regulation 25 for an order that is necessary or appropriate to establish, organise or secure the effective exercise of the rights of access to which the request relates;
 (c) seeking an amicable resolution in relation to the rights of access to the child.