Western Australian Numbered Acts

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STATUTES (REPEALS AND MISCELLANEOUS AMENDMENTS) ACT 2009 (NO. 8 OF 2009) - SECT 18

18 .         Adoption Act 1994 amended

        (1)         This section amends the Adoption Act 1994 .

        (2)         In section 42(2) delete “Director-General” and insert:


                CEO


        (3)         In section 52(1):

            (a)         delete paragraph (a)(iii) and insert:


                  (iii)         satisfies the age differential requirement set out in subsection (3);


            (b)         delete paragraph (a)(iiia) to (iiie) and “or” after subparagraph (iiid);

            (c)         after each of paragraphs (a) to (c), paragraph (a)(i) to (va) and paragraph (c)(i) insert:


                and


        (4)         In section 52(2) delete “affected by any provision of, and” and insert:


                affected, and


        (5)         After section 52(2) insert:


        (3)         For the purposes of subsection (1)(a)(iii) the age differential requirement is that the prospective adoptive parent —

            (a)         is not more than 45 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, have not adopted a child before; or

            (b)         is not more than 50 years older than the child in the case where the prospective adoptive parent is the older of prospective joint adoptive parents who, as a couple, have not adopted a child before; or

            (c)         is not more than 50 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, have adopted a child before; or

            (d)         is not more than 55 years older than the child in the case where the prospective adoptive parent is the older of prospective joint adoptive parents who, as a couple, have adopted a child before; or

            (e)         is not more than 45 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and has not adopted a child before (whether as a joint or sole adoptive parent); or

            (f)         is not more than 50 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and has adopted a child before (whether as a joint or sole adoptive parent).




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