(1)  The court shall not make an order for the adoption of a child unless –

(a) at the time of the filing in the court of the application for the order –

(i) each of the prospective adoptive parents was resident or domiciled in Tasmania; and

(ii) the child was present in Tasmania; or

(b) the child was born in Tasmania and at the time of the filing in the court of that application was under the guardianship of the Secretary.

(2)  For the purposes of subsection (1) , where the court is satisfied that –

(a) the prospective adoptive parents were resident or domiciled in Tasmania; or

(b) a child was present in Tasmania; or

(c) a child was under the guardianship of the Secretary –

on a date within 21 days before the date on which an application was filed in the court, the court may, in the absence of evidence to the contrary, presume that –

(d) the prospective adoptive parents were resident or domiciled in Tasmania; or

(e) the child was present in Tasmania; or

(f) the child was under the guardianship of the Secretary–

as the case may be, at the time of the filing of the application in the court.