Queensland Consolidated Acts

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Improperly witnessing a consent

306 Improperly witnessing a consent

A person (the
"witness" ) must not witness a person’s form of consent to the adoption of a child if—

(a) the form of consent is in the approved form under section 18 and the witness has not sighted the documents prescribed for section 18 (2) (c) ; or
(b) the witness knows, or ought to know, the other person—
(i) is not the person named in the form of consent; or
(ii) is not a parent of the child; or
(iii) does not understand the effect of giving consent and effect of adoption; or
(iv) does not have capacity to give the consent; or
(v) is not giving consent freely and voluntarily; or
(c) the witness is not present when the other person signs the form of consent; or
(d) the form of consent does not show the correct date for the day on which the consent is given.
Maximum penalty—40 penalty units.

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