Document ID: chunk:federal_register_of_legislation:F2024C00370:reg:20
Version: federal_register_of_legislation:F2024C00370
Segment Type: reg
Provision Reference: reg 20
Character Range: 22243–23145

20  Effect of certificate
 (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:
 (a) of the child's habitual residence; or
 (b) where a measure of protection was taken for the child.
 (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:
 (a) that a person is entitled to act in a capacity in relation to a child;
 (b) that a person has certain powers in relation to a child.
 (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.

Part 7—Implementation of the Convention in State matters

Division 1—Application of the Convention and jurisdiction of State courts