Commonwealth Consolidated Regulations

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FAMILY LAW (CHILD PROTECTION CONVENTION) REGULATIONS 2003 - REG 20

Effect of certificate

  (1)   For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:

  (a)   of the child's habitual residence; or

  (b)   where a measure of protection was taken for the child.

  (2)   A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:

  (a)   that a person is entitled to act in a capacity in relation to a child;

  (b)   that a person has certain powers in relation to a child.

  (3)   Any matter presumed to be established by subregulation   (2) is rebuttable by evidence on the balance of probabilities.



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