Commonwealth Numbered Regulations

1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 3

3.1 Subregulation 2 (1) (definition of "Commonwealth Central Authority"): Omit
the definition, substitute:

" 'Commonwealth Central Authority' means the Secretary to the Department;".

3.2 Subregulation 2 (1) (definition of "removal"): Omit the definition,
substitute:

" 'removal' has the meaning given in subregulation 3 (1);".

3.3 Subregulation 2 (1) (definition of "rights of access"): Omit the
definition, substitute:

" 'rights of access' include the right to take a child for a limited period of
time to a place other than the child's habitual residence;".

3.4 Subregulation 2 (1) (definition of "rights of custody"): Omit the
definition, substitute:

" 'rights of custody' has the meaning given in regulation 4;".

3.5 Insert the following definitions:

" 'court' means a court having jurisdiction under paragraph 39 (5) (d) or 39
(6) (d) of the Act;
'Registrar' means:

   (a)  in relation to the Family Court, or the Family Court of Western
        Australia-the Registrar, or a Deputy Registrar, of the court; and

   (b)  in relation to any other court-the principal officer of the other
        court;
'retention' has the meaning given in subregulation 3 (2);".

3.6 After subregulation 2 (1A), insert:

"(1B) Unless the contrary intention appears, an expression that is used in
these Regulations and in the Convention has the same meaning in these
Regulations as in the Convention.

"(1C) A reference in these Regulations to a child who is removed:

   (a)  from Australia to a convention country; or

   (b)  from a convention country to another convention country or to
        Australia; includes a reference to the removal of the child to the
        convention country concerned or to Australia, as the case may be,
        whether or not the child is first removed to another country.".