Victorian Current Acts

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ADOPTION ACT 1984 - SECT 4

Definitions

    (1)     In this Act, unless inconsistent with the context or subject-matter—

"Aborigine" means a person who—

        (a)     is descended from an Aborigine or Torres Strait Islander;

        (b)     identifies as an Aborigine or Torres Strait Islander; and

        (c)     is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 4(1) def. of accredited body inserted by No. 32/2000 s. 5(1).

"accredited body" means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;

S. 4(1) def. of adoption compliance certificate inserted by No. 32/2000 s. 5(1).

"adoption compliance certificate" means a certificate issued in accordance with article 23 of the Hague Convention;

"adoption order" means an order for the adoption of a child under this Act;

S. 4(1) def. of approved agency amended by No. 46/1998
s. 7(Sch. 1).

"approved agency" means a welfare organization approved by the Secretary under Division 2 of Part II;

"approved counsellor" means a person who is for the time being approved as a counsellor under section 5;

S. 4(1) def. of Central Authority inserted by No. 32/2000 s. 5(1).

"Central Authority" means a person or office designated for a Convention country under article 6 of the Hague Convention;

"child" means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;

S. 4(1) def. of Common-wealth Central Authority inserted by No. 32/2000 s. 5(1).

"Commonwealth Central Authority" has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth [1] ;

S. 4(1) def. of contact statement inserted by No. 25/2013 s. 3, repealed by No. 32/2015 s. 4(1)(a).

    *     *     *     *     *

S. 4(1) def. of Convention country inserted by No. 32/2000 s. 5(1), amended by No. 29/2011 s. 3(Sch. 1 item 3).

"Convention country" means, subject to article 45 of the Hague Convention

        (a)     a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth [2] ; and

        (b)     any other country for which the Convention has entered into force [3] , other than—

              (i)     Australia; and

              (ii)     a country against whose accession Australia has raised an objection under article 44 of the Convention;

S. 4(1) def. of current contact statement inserted by No. 25/2013 s. 3, repealed by No. 32/2015 s. 4(1)(b).

    *     *     *     *     *

S. 4(1) def. of de facto relationship inserted by No. 72/1997
s. 3(1)(a), repealed by No. 68/2015 s. 4(2)(a).

    *     *     *     *     *

S. 4(1) def. of de facto spouse inserted by No. 72/1997
s. 3(1)(a), repealed by No. 68/2015 s. 4(2)(b).

    *     *     *     *     *

S. 4(1) def. of Director-General amended by Nos 16/1987 s. 12(Sch. 2 item 1(a)), 72/1997
s. 3(1)(b), repealed by No. 46/1998
s. 7(Sch. 1).

    *     *     *     *     *

"disposition of property" includes the grant or exercise of a power of appointment in respect of property;

S. 4(1) def. of domestic partner inserted by No. 68/2015 s. 4(1).

"domestic partner" of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)     a person with whom the person is in a domestic relationship;

S. 4(1) def. of domestic relationship inserted by No. 68/2015 s. 4(1).

"domestic relationship" means a relationship between 2 persons who are living together as a couple on a genuine domestic basis (irrespective of sex or gender) and who are neither married to each other nor in a registered domestic relationship with each other;

S. 4(1) def. of Government Statist repealed by No. 10244 s. 10.

    *     *     *     *     *

"guardian" in relation to a child, includes a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of the Commonwealth or of a State or Territory;

S. 4(1) def. of Hague Convention inserted by No. 32/2000 s. 5(1).

"Hague Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993, a copy of the English text of which is set out in Schedule 1;

"interim order" means an interim order under Division 4 of Part III;

S. 4(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 3), amended by No. 17/2014 s. 160(Sch. 2 item 3).

"legal practitioner" means an Australian legal practitioner;


"non-citizen child" has the same meaning as in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being;

S. 4(1) def. of registered domestic relationship inserted by No. 68/2015 s. 4(1).

"registered domestic relationship" has the same meaning as in section 3 of the Relationships Act 2008 ;

S. 4(1) def. of Registrar inserted by No. 10244 s. 10, amended by No. 43/1996
s. 65(Sch. item 1.1).

"Registrar" means the Registrar of Births, Deaths and Marriages appointed under section 5 of the Births, Deaths and Marriages Registration Act 1996 ;

"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that the relationship depends upon the adoption of any person;

S. 4(1) def. of Secretary inserted by No. 46/1998
s. 7(Sch. 1), amended by No. 32/2015 s. 4(1)(c).

Secretary means the Secretary to the Department of Health and Human Services;

S. 4(1) def. of State Central Authority inserted by No. 32/2000 s. 5(1).

State Central Authority has the meaning given in section 69K;


"Territory" means Territory of the Commonwealth.

S. 4(1A) inserted by No. 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 3).

    (1A)     If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

    (2)     For the purposes of this Act, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.

    (3)     Where an office that is established by any Act is referred to in this Act and the holder of that office has power to assign or delegate to another person all or any of his powers and functions under that Act—

        (a)     the powers and functions of the holder of that office that may be so assigned or delegated shall be deemed to include the powers and functions of that office under this Act, and any of those powers and functions under this Act may be assigned or delegated in the manner provided by that Act; and

        (b)     in relation to a power or function so assigned or delegated a reference in this Act to the holder of that office shall be read as including a reference to the assignee or delegate, as the case may be.

    (4)     In this Act, a reference to the principal officer of an approved agency includes a reference to the deputy principal officer (if any) or a person who is authorized in writing by the principal officer to exercise or perform the powers and functions of the principal officer under this Act.

S. 4(5) inserted by No. 72/1997
s. 3(2), substituted by No. 68/2015 s. 4(3).

    (5)     If a person living in a domestic relationship is also in a registered domestic relationship, a reference in this Act (except in section 55) to a domestic partner of such a person does not include a reference to the person with whom the first-mentioned person is in the registered domestic relationship.

S. 4(6) inserted by No. 72/1997
s. 3(2), amended by No. 68/2015 s. 4(4).

    (6)     A reference in this Act to a spouse includes a reference to a person referred to in section 11(1)(a) or (b).

S. 4(7) inserted by No. 68/2015 s. 4(5).

    (7)     For the purposes of the definition of domestic partner in subsection (1), in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 4(8) inserted by No. 68/2015 s. 4(5).

    (8)     For the purposes of subsection (7), a person is not a domestic partner of another person only because they are co-tenants.



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