Western Australian Current Acts Western Australian Current Acts (1) If the State
Central Authority considers that —
(a) an
adoption recognised under section 136A or 136C; or
(b) a
decision made in accordance with Article 27 of the Hague Convention,
is manifestly contrary
to public policy, taking into account the best interests of the child to whom
the adoption or decision relates, the State Central Authority may apply to the
Court for a declaration that the adoption or decision is not recognised.
(2) If the Court is
satisfied that —
(a) an
adoption recognised under section 136A or 136C; or
(b) a
decision made in accordance with Article 27 of the Hague Convention,
is manifestly contrary
to public policy, taking into account the best interests of the child to whom
the adoption or decision relates, the Court may declare that the adoption or
decision is not recognised in this State and that the adoption or decision has
no effect in this State.
(3) A declaration made
under subsection (2) has effect according to its tenor.
(4) If the State
Central Authority makes an application to the Court under subsection (1), the
Authority is to give the Commonwealth Central Authority written notice of the
application.
(5) After the Court
has made a decision under subsection (2), the State Central Authority is to
give the Commonwealth Central Authority written notice of the Court’s
decision.
(6) A declaration made
by a court of another State or a Territory under a law corresponding to
subsection (2) is to be treated as having the same effect as a declaration
made under that subsection.
[Section 136F inserted: No. 7 of 1999 s. 16;
amended: No. 8 of 2003 s. 79.]