Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:72:p1
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 72 (pt 1/2)
Character Range: 92158–94852

72  Registration of overseas child orders
 (1) For the purposes of section 70G and subsection 70N(1) of the Act, this section applies if:
 (a) an overseas child order is made in a prescribed overseas jurisdiction; and
 (b) the order is not:
 (i) an excluded order; or
 (ii) an order that only has the effect of declaring or transferring the parentage of a child; and
 (c) both of the following documents are received by the Secretary from the prescribed overseas jurisdiction:
 (i) a certified copy of the overseas child order;
 (ii) a certificate signed by an officer of a court, or by some other authority, in the prescribed overseas jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction.
Note 1: For the definitions of excluded order and overseas child order, see subsection 4(1) of the Act.
Note 2: For the meaning of prescribed overseas jurisdiction, see subsection 10(2) of this instrument.
 (2) If there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia, the Secretary must send the documents to a court having jurisdiction under the family law:
 (a) the child who is the subject of the order;
 (b) a parent of that child;
 (c) a person having:
 (i) the right to have the child live with the person; or
 (ii) the right of custody of or access to the child; or
 (iii) the right to spend time or communicate with the child.
 (3) On receiving the documents from the Secretary, the relevant Registrar of the court having jurisdiction under the family law must register the order, excluding any parts of the order that have the effect of declaring or transferring the parentage of a child.
 (4) The order is to be registered under subsection (3) by:
 (a) filing the certified copy of the order and the certificate; and
 (b) noting on the certified copy of the order the fact and the date of the registration.

Concurrent registration
 (5) An overseas child order registered under subsection (3) may be registered concurrently in any other court having jurisdiction under the family law, on the application of:
 (a) the relevant Registrar of a court; or
 (b) a person interested in the order (including the child who is the subject of the order).
 (6) A certificate by a court, that an overseas child order has been registered in the court in accordance with subsection (3), is sufficient evidence to enable a concurrent registration to be made.

Enforcement
 (7) An overseas child order registered in accordance with this section is enforceable throughout Australia until the registration (including a concurrent