Document ID: chunk:federal_register_of_legislation:F2024C00436:reg:11
Version: federal_register_of_legislation:F2024C00436
Segment Type: reg
Provision Reference: reg 11
Character Range: 12916–14865

11  Request for return of child abducted from Australia
 (1) A person, institution or other body that claims under a law in force in Australia to have rights of custody in relation to a child who, in breach of those rights, has been:
 (a) removed from Australia to a convention country; or
 (b) retained in a convention country;
may request a responsible Central Authority to have the claim sent to the Central Authority in the country to which the child has been removed or in which the child is retained.
 (2) A request must be:
 (a) in accordance with a form approved, in writing, by the Minister under subregulation (2A); and
 (b) in accordance with the Convention.
 (2A) The Minister may approve a form, in writing, for the purposes of paragraph (2)(a).
 (3) A State Central Authority that is satisfied that a request received by it complies with subregulation (2) must send the request to the Commonwealth Central Authority.
 (4) If the Commonwealth Central Authority is satisfied that a request received by it complies with subregulation (2), the Commonwealth Central Authority must, on behalf of the person, institution or other body, take any action required to be taken by a Central Authority under the Convention.
 (5) A responsible Central Authority that is satisfied that a request received by it does not comply with subregulation (2) may, by notice in writing, refuse to accept the request.
 (6) A notice under subregulation (5) from the Commonwealth Central Authority must:
 (a) be sent to the person, institution or other body that made the request; and
 (b) if the Commonwealth Central Authority received the request from a State Central Authority—be sent to the State Central Authority; and
 (c) include the reason for the refusal.
 (7) A notice under subregulation (5) from a State Central Authority must:
 (a) be sent to the person, institution or other body that made the request; and
 (b) include the reason for the refusal.