South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person or organisation that conducts negotiations leading, or
intended to lead, to the making of an adoption order is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2)
Subsection (1) does not apply—
(a) to
negotiations conducted for no fee by, or on behalf of, a parent, guardian or
relative of a child for an adoption order in favour of a relative of the child
or a person who is living together with a parent of the child in a
qualifying relationship; or
(b) to
negotiations conducted by a person or organisation approved by the
Chief Executive.
(3) An approval under
this section is subject to any prescribed conditions and any other conditions
imposed by the Chief Executive.
(4) The Chief
Executive may withdraw such an approval if the person or organisation—
(a)
breaches a condition of the approval; or
(b) acts
improperly in the course of or in relation to the adoption or proposed
adoption of a child.
(4a) For the purposes
of subsection (4), an organisation will be taken to have acted improperly
in the course of or in relation to an adoption or proposed adoption if a
servant or agent of the organisation acts improperly in the course of or in
relation to the adoption or proposed adoption.
(5) Any fee paid for
negotiations conducted in contravention of this section may be recovered as a
debt.