Commonwealth Numbered Regulations

1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 14

14.1 Omit the regulation, substitute: Orders

"15. (1) If a court is satisfied that it is desirable to do so, the court may,
in relation to an application made under regulation 14:

   (a)  make an order of a kind mentioned in that regulation; and

   (b)  make any other order that the court considers to be appropriate to
        give effect to the Convention; and

   (c)  include in an order to which paragraph (a) or (b) applies a condition
        that the court considers to be appropriate to give effect to the
        Convention.

"(2) A court must, so far as practicable, give to an application such priority
as will ensure that the application is dealt with as quickly as a proper
consideration of each matter relating to the application allows.

"(3) If a court is satisfied that there is an appreciable possibility or a
threat that a child will be removed from Australia, the court may order the
delivery of the passport of the child, and of any other relevant person, to
the responsible Central Authority, a member of the Australian Federal Police,
or such other person as the court considers appropriate, on such conditions as
the court considers to be appropriate to give effect to the Convention.

"(4) If an application made under regulation 14 is not determined by a court
within the period of 42 days commencing on the day on which the application is
made:

   (a)  the responsible Central Authority who made the application may request
        the Registrar of the court to state in writing the reasons for the
        application not having been determined within that period; and

   (b)  as soon as practicable after a request is made, the Registrar must
        give the statement to the responsible Central Authority.".