Commonwealth Consolidated Acts

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International agreements about adoption etc.

             (1)  The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.

             (2)  The regulations do not come into force until the day on which the Convention enters into force for Australia.

             (3)  The regulations may make such provision as is necessary or convenient to give effect to any bilateral agreement or arrangement on the adoption of children made between:

                     (a)  Australia, or a State or Territory of Australia; and

                     (b)  a prescribed overseas jurisdiction.

             (4)  Regulations made for the purposes of subsection (3) may, in particular:

                     (a)  provide for the recognition of adoptions made under a law of the prescribed overseas jurisdiction; and

                     (b)  provide that the regulations do not affect the operation of laws of a State or Territory that relate to adoptions; and

                     (c)  if a State or Territory has made such a bilateral agreement or arrangement on behalf of other States or Territories--give effect to the agreement or arrangement so far as it relates to all of those States or Territories, or to such of them as the regulations specify.

             (5)  Regulations made for the purposes of this section may:

                     (a)  confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

                     (b)  invest a court of a State with federal jurisdiction.

Such jurisdiction is in addition to any other jurisdiction provided for under this Act.

             (6)  Regulations made for the purposes of subsection (5) may make different provision in respect of matters arising in relation to different States or Territories. (This subsection does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .)

             (7)  Subsections (4), (5) and (6) of this section do not, by implication, limit subsections (1) and (3) of this section.

          (7A)  The power of the Judges, or a majority of them, under section 123 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.

             (8)  In this section, despite subsection 4(1), Territory includes each external Territory.

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