Commonwealth Numbered Regulations

1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 25

25.1 Omit the regulation, substitute: Access-Australia

"25. (1) A Central Authority may apply to a court for an order that is
necessary or appropriate to organise or secure the effective exercise of
rights of access to a child in Australia by a person, an institution or
another body having rights of access to the child, being:

   (a)  an order for the issue of a warrant for the apprehension or detention
        of the child authorising a person named or described in the warrant,
        with such assistance as is necessary and reasonable and if necessary
        and reasonable by force, to:

        (i)    stop, enter and search any vehicle, vessel or aircraft; or

        (ii)   enter and search premises; if the person reasonably believes
               that:

        (iii)  the child is in or on the vehicle, vessel, aircraft or
               premises, as the case may be; and

        (iv)   the entry and search is made in circumstances of such
               seriousness or urgency as to justify search and entry under the
               warrant; or

   (b)  any other order that the Central Authority considers to be appropriate
        to give effect to the Convention.

"(2) An application must be in accordance with Form 4.

"(3) If an application is made, the respondent may file an answer, or an
answer and a cross application, in accordance with Form 4A.

"(4) A court may, in respect of:

   (a)  an application made under subregulation (1); or

   (b)  an answer, or an answer and a cross application, made under
        subregulation (3); make any order in relation to rights of access to a
        child that the court considers appropriate to give effect to the
        Convention.

"(5) If an answer, or an answer and a cross application, is made under
subregulation (3), the applicant may file a reply in accordance with Form 4B.