Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:3_87
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 3 cl 87
Character Range: 104743–106712

87  After subsection 111B(1)
Insert:

 (1A) In relation to proceedings under regulations made for the purposes of subsection (1), the regulations may make provision:
 (a) relating to the onus of establishing that a child should not be returned under the Convention; and
 (b) establishing rebuttable presumptions in favour of returning a child under the Convention; and
 (c) relating to a Central Authority within the meaning of the regulations applying on behalf of another person for a contact order in relation to a child if the outcome of the proceedings is that the child is not to be returned under the Convention.

 (1B) The regulations made for the purposes of this section must not allow an objection by a child to return under the Convention to be taken into account in proceedings unless the objection imports a strength of feeling beyond the mere expression of a preference or of ordinary wishes.

 (1C) A Central Authority within the meaning of the regulations may arrange to place a child, who has been returned to Australia under the Convention, with an appropriate person, institution or other body to secure the child's welfare until a court exercising jurisdiction under this Act makes an order (including an interim order) for the child's care, welfare or development.

 (1D) A Central Authority may do so despite any orders made by a court before the child's return to Australia.

 (1E) Any regulations made for the purposes of this section to give effect to Article 21 (rights of access) of the Convention may have effect regardless of:
 (a) whether an order or determination (however described) has been made under a law in force in another Convention country (within the meaning of the regulations made for the purposes of this section), with respect to rights of access to the child concerned; or
 (b) if the child was removed to Australia—when that happened; or
 (c) whether the child has been wrongfully removed to, or retained in, Australia.