Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_111ck:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 111CK (pt 1/2)
Character Range: 947474–950196

111CK  Jurisdiction to appoint, or determine the powers of, a guardian for a child's property
 (1) A court may exercise jurisdiction for a Commonwealth property protection measure only in relation to:
 (a) a child who is habitually resident in Australia; or
 (b) a child who is habitually resident in a Convention country, if:
 (i) the protection of the child's property in Australia requires taking the measure as a matter of urgency; or
 (ii) the measure is provisional and limited in its territorial effect to property in Australia; or
 (iii) a request to assume jurisdiction is made to the court by, or at the invitation of, a competent authority of the country of the child's habitual residence or country of refuge; or
 (iv) a competent authority of the country of the child's habitual residence or country of refuge agrees to the court assuming jurisdiction; or
 (v) the child has been wrongfully removed from or retained outside Australia and the court keeps jurisdiction under Article 7 of the Child Protection Convention; or
 (vi) the court is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection (3)); or
 (c) a child who is present in Australia and is a refugee child; or
 (d) a child who is present in a non‑Convention country, if:
 (i) the child is habitually resident in Australia; and
 (ii) any of paragraphs 69E(1)(b) to (e) applies to the child; or
 (e) a child who is present in Australia, if:
 (i) the child is habitually resident in a non‑Convention country; and
 (ii) any of paragraphs 69E(1)(b) to (e) applies to the child.
 (2) A court may only exercise jurisdiction in accordance with subparagraph (1)(b)(ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.
 (3) A court may only exercise jurisdiction in accordance with subparagraph (1)(b)(vi) for a Commonwealth property protection measure relating to a child if:
 (a) one or both of the child's parents are habitually resident in Australia when the proceedings referred to in that subparagraph begin; and
 (b) one or both of the parents have parental responsibility for the child; and
 (c) the jurisdiction of the court to take the measure is accepted by the parents and each other person with parental responsibility for the child; and
 (d) the exercise of jurisdiction to take the measure is in the best interests of the child; and
 (e) the proceedings on the application for divorce or separation of the child's parents or the annulment of their marriage have not been finalised.
 (4) Paragraphs (1)(a) to (c)