Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p71
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 71/86)
Character Range: 230379–232951

law of prescribed State

"70C. The Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of State child orders made under a law of a prescribed State.

Registration of orders in a particular State

"70D. The Rules of Court may make provision for and in relation to the registration in a State in a court having jurisdiction under this Act of State child orders made by a court in another State.

Effect of registration

"70E. A State child order registered in a court under section 70C or 70D has the same force and effect as if it were an order made by that court under this Part.

"Subdivision C—Registration of overseas orders

Interpretation

"70F. In this Subdivision:

'care order' means a specific issues order under which a person is responsible for a child's day-to-day care, welfare and development;

'excluded order' means:

  (a) an interim order; or

  (b) an order made in favour of a person where:

(i) the order was made on the application of the person; and

  (ii) notice of making the application was not served on any other person; and

(iii) no other person appeared at the hearing of the application;

'overseas child order' means an order made by a court of a prescribed overseas jurisdiction:

   (a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or

   (b) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or

   (c) an order varying or discharging an order of the kind referred to in paragraph (a) or (b), including an order of that kind made under this Act.

Registration of orders

"70G. The regulations may make provision for and in relation to the registration in courts in Australia of overseas child orders, other than excluded orders.

Effect of registration—general

"70H. An overseas child order registered in a court under section 70G has the same force and effect as if it were an order made by that court under this Part.

Effect of registration on exercise of jurisdiction

"70J.(1) A court in Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a residence order, a contact order or a care order in relation to the child concerned