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ADOPTION ACT 2009 - SECT 287
Photographs of persons more than 2 years old
287 Photographs of persons more than 2 years old
(1) A photograph of a person aged more than 2 years, exchanged between
participants through the mailbox service, is taken to be information that
identifies the person in the photograph unless the chief executive has given
an approval for the participants— (a) to exchange that photograph; or
(b)
to exchange photographs generally.
(2) A participant may apply to the chief
executive for an approval to exchange a stated photograph, or to exchange
photographs generally, with another stated participant.
(3) If the chief
executive gives the approval, it must state each participant (
"relevant participant" ) who may exchange the relevant photograph or exchange
photographs generally.
(4) The chief executive may give the approval if—
(a) the chief executive is satisfied an exchange of the particular photograph
or of photographs generally by the relevant participants is unlikely to— (i)
harm the relevant adopted person’s wellbeing or best interests; or
(ii)
enable a relevant participant to identify or locate another
relevant participant or party to the adoption; and
(b) each
relevant participant has given to the chief executive a signed notice agreeing
not to use, or attempt to use, a photograph to which the approval relates to
identify or locate another relevant participant or party to the proposed
adoption or adoption.
(5) If a person gives the chief executive a notice
under subsection (4) (b) and is given, through the mailbox service, a
photograph to which the approval relates, the person must not use, or attempt
to use, the photograph to identify or locate another relevant participant or
party to the proposed adoption or adoption. Penalty— Maximum penalty
for subsection (5) —40 penalty units.
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