Child Protection (International Measures) Act 2003 (Qld)

Child Protection (International Measures) Act 2003

An Act to provide for Queensland's involvement in relation to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Child Protection (International Measures) Act 2003.

2 Commencement Schedule 3 commences on a day to be fixed by proclamation.

3 Main purposes of Act The main purposes of this Act are to recognise— (a) the importance of international co-operation for the protection of children; and (b) the need to avoid conflict between the legal systems of different countries about the jurisdiction, applicable law, recognition and enforcement of measures for the protection of children; and (c) that a child's best interests are a primary consideration in relation to a measure for protecting the person of the child or a measure for protecting the child's property.

4 Application of Act (1) This Act does not apply to a matter to which the Child Protection Convention does not apply under Article 4 of the Convention. (2) This Act does not apply in relation to matters dealt with under an arrangement with New Zealand under the Child Protection Act 1999, chapter 7, parts 1 to 6. (3) To the extent that this Act and an arrangement referred to in subsection (2) are inconsistent in providing for the exercise of jurisdiction by a Queensland authority or a competent authority in a Convention country, this Act prevails. (4) In addition to measures to which the Child Protection Convention applies under Article 53, this Act applies to a measure taken in another country before the Convention has entered into force for that country if, at all relevant times that action is taken under this Act in relation to the measure, the Convention is in force for that country and Australia.