Document ID: chunk:federal_register_of_legislation:F2021C01008:reg:6
Version: federal_register_of_legislation:F2021C01008
Segment Type: reg
Provision Reference: reg 6
Character Range: 7867–10553

6  Functions etc of Commonwealth Central Authority
 (1) The functions of the Commonwealth Central Authority are to do, or to coordinate the doing of, anything that is necessary:
 (a) to enable the performance of Australia's obligations under the Convention; or
 (b) to obtain for Australia any advantage or benefit under the Convention.
 (2) For subregulation (1), the functions of the Commonwealth Central Authority include the following:
 (a) cooperating with Central Authorities outside Australia on matters relating to the administration and implementation of the Convention;
 (b) consulting State Central Authorities to get information for determining whether Australia is meeting its obligations under the Convention;
 (c) to the extent that the legislation and administrative practices of States do not ensure that Australia meets its obligations under the Convention—preparing legislation to ensure that Australia meets those obligations;
 (d) receiving advice from a State Central Authority that a provision of the Convention has not been respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;
 (e) receiving advice from a State Central Authority that there is a serious risk that a provision of the Convention may not be respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;
 (f) consulting State Central Authorities on matters relating to intercountry adoption.
 (3) However, the functions of the Commonwealth Central Authority do not include the following:
 (a) processing the day‑to‑day casework involved in a particular adoption;
 (b) approving an application for the adoption of a child;
 (c) giving consent to the adoption of a child;
 (d) a function reserved, under the Commonwealth‑State agreement, for a State or State Central Authority;
 (e) accrediting a body for the Convention.
 (4) The functions of the Commonwealth Central Authority under this regulation are additional to its other functions under these Regulations.
 (5) Subject to subregulation (3), the Commonwealth Central Authority:
 (a) has all of the duties of a Central Authority under the Convention; and
 (b) may exercise all of the powers of a Central Authority under the Convention.
 (6) If the exercise by the Commonwealth Central Authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State Central Authority, the Commonwealth Central Authority must consult the State Central Authority about the exercise of the Commonwealth function before it is exercised.