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FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) 1997 NO.292
EXPLANATORY STATEMENTSTATUTORY RULES 1997 No. 292
Issued by the Authority of the Attorney-General and Minister for Justice
Family Law Act 1975
Family Law (Child Abduction Convention) Regulations (Amendment)
Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
Section 111B of the Act provides that die regulations may make such provision as is necessary to enable Australia to perform its obligations under the 1980 Convention on the Civil Aspects of International Child Abduction (the Convention).
The objects of the Convention are to secure the prompt return of children wrongfully removed to or retained in any Convention country, and to ensure that rights of custody and access to children under the laws of a Convention country are effectively respected in the other Convention countries. On 22 April 1986, the Family Law (Child Abduction Convention) Regulations were made to give effect to the Convention for Australia.
The Convention entered into force between Australia and Venezuela on 1 January 1997. The Convention entered into force between Australia and Hong Kong on 1 September 1997. Regulation 2 amends Schedule 2 of the Regulations to update the list of Convention countries by including Venezuela and Hong Kong.
Regulation 2 also amends Schedule 2 to the Regulations to note the dates the Convention came into force with Venezuela and Hong Kong. Regulation 2 amends Schedule 2 to note that Venezuela entered a reservation under Article 24 of the Convention objecting to the use of English in communications to its authorities under the Convention. Regulation 2 also amends Schedule 2 to note that Venezuela and Hong Kong both entered a reservation under Article 26 (third paragraph) of the Convention excluding any liability of their Governments. for legal costs arising from court proceedings under the Convention.
The Regulations commenced on gazettal.