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.