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FAMILY LAW ACT 1975 - SECT 111CA

Definitions

             (1)  In this Division:

"another country " means a Convention country or a non-Convention country.

"Australia " includes the external Territories.

"central authority " of a Convention country means:

                     (a)  if there is one central authority of the Convention country under Article 29 of the Child Protection Convention--the Convention country's central authority; or

                     (b)  otherwise--the central authority designated, under Article 29 of the Child Protection Convention, as the Convention country's central authority to which any communication may be addressed for transmission to the appropriate central authority of the Convention country.

"Child Protection Convention " means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children signed at The Hague on 19 October 1996, a copy of the English text of which is set out in Schedule 1.

"Commonwealth central authority " means the Secretary of the Attorney-General's Department.

"Commonwealth personal protection measure " relating to a child means a measure (within the meaning of the Child Protection Convention) under this Act that is directed to the protection of the person of the child.

"Commonwealth property protection measure " relating to a child means a measure (within the meaning of the Child Protection Convention) under this Act for appointing, or deciding the powers of, a guardian of the child's property.

"competent authority " :

                     (a)  competent authority of Australia means an entity that has responsibility or authority under the law in force in Australia, or part of Australia, to take measures or make decisions about:

                              (i)  protecting the person of a child; or

                             (ii)  appointing or deciding the powers of a guardian of a child's property; and

                     (b)  competent authority of a Convention country means an entity that has responsibility or authority under the law in force in the Convention country to take, or make decisions about, a foreign measure relating to a child; and

                     (c)  competent authority of a non-Convention country means an entity that has responsibility or authority under the law in force in the country to take measures or make decisions about:

                              (i)  protecting the person of a child; or

                             (ii)  appointing or deciding the powers of a guardian of a child's property.

"Convention country " means a country, other than Australia, for which the Child Protection Convention has entered into force.

"country of refuge " of a child means a country in which the child is present as a refugee child.

"entity " includes the following:

                     (a)  an individual;

                     (b)  a corporation;

                     (c)  an unincorporated body;

                     (d)  a government authority or body;

                     (e)  a court or tribunal.

"foreign measure " means:

                     (a)  a foreign personal protection measure; or

                     (b)  a foreign property protection measure.

"foreign personal protection measure " relating to a child means a measure (within the meaning of the Child Protection Convention) taken by a competent authority of a Convention country for protecting the person of the child.

"foreign property protection measure " relating to a child means a measure (within the meaning of the Child Protection Convention) taken by a competent authority of a Convention country for appointing, or deciding the powers of, a guardian of the child's property.

"non-Convention country " means a country for which the Child Protection Convention has not entered into force.

"parental responsibility " has the same meaning as in the Child Protection Convention.

"refugee child " means a child:

                     (a)  who is a refugee; or

                     (b)  who is internationally displaced due to disturbances occurring in his or her country of habitual residence; or

                     (c)  whose country of habitual residence cannot be determined.

"Territory " includes each external Territory.

             (2)  Unless the contrary intention appears, expressions used:

                     (a)  in this Division; or

                     (b)  in regulations made for the purposes of this Division;

have the same meaning as they have in the Child Protection Convention.



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