Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 306

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.

Penalty—

Maximum penalty—40 penalty units.