Child Protection (International Measures) Act 2003 (Tas)

Child Protection (International Measures) Act 2003

An Act to provide for Tasmania'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 [Royal Assent 4 June 2003]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

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

2. Commencement This Act commences on a day to be proclaimed.

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. Interpretation (1) In this Act, unless the contrary intention appears – 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 means an individual who is under 18 years; 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 ; Children's Court means the Magistrates Court (Children's Division) established under the Magistrates Court (Children's Division) Act 1998 ; Commonwealth central authority has the meaning given by the Family Law Act 1975 of the Commonwealth, section 111CA(1); competent authority means – (a) a competent authority of Australia; or (b) a competent authority of a Convention country; or (c) a competent authority of a non-Convention country; 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 – (a) protecting the person of a child; or (b) appointing or deciding the powers of a guardian of a child's property; 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; 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 – (a) protecting the person of a child; or (b) 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 statutory 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, in relation 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, in relation 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; Public Trustee means The Public Trustee established under the Public Trustee Act 1930 ; 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; registrar, in relation to a court, means – (a) if the court is the Supreme Court, the Registrar of the Supreme Court; or (b) if the court is the Children's Court, a district registrar of the district registry of the court; or (c) if the court is the Magistrates Court, a district registrar of the district registry of the court; Tasmanian authority means – (a) for a Tasmanian personal protection measure relating to a child, a Tasmanian court or the Department; or (b) for a Tasmanian property protection measure, a Tasmanian court or The Public Trustee; Tasmanian court means – (a) the Supreme Court; or (b) the Children's Court; or (c) the Magistrates Court; Tasmanian law means the law in force in Tasmania; Tasmanian measure means – (a) a Tasmanian personal protection measure relating to a child; or (b) a Tasmanian property protection measure relating to a child; Tasmanian personal protection measure, in relation to a child, means a measure (within the meaning of the Child Protection Convention) under Tasmanian law that is directed to the protection of the person of the child; Tasmanian property protection measure, in relation to a child, means a measure (within the meaning of the Child Protection Convention) under Tasmanian law for appointing, or deciding the powers of, a guardian of the child's property. (2) Unless the contrary intention appears, expressions used in this Act have the same meaning as they have in the Child Protection Convention.