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Family Law Amendment (Child Protection Convention) Bill 2002

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2002

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

FAMILY LAW AMENDMENT (CHILD PROTECTION CONVENTION) BILL 2002

 

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Daryl Williams AM QC MP)

 

 



FAMILY LAW AMENDMENT (CHILD PROTECTION CONVENTION) BILL 2002

OUTLINE OF AMENDMENTS

 

The Family Law Amendment (Child Protection Convention) Bill 2002, as introduced into the House of Representatives, amends the Family Law Act 1975 to enable Australia to ratify the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (the Convention).



The proposed government amendments to the Bill represent technical amendments that have come to light since the Bill was introduced.

The amendments will:



·          Ensure definitions and provisions in the Bill are consistent with definitions and provisions in the Convention; and

·          Enable the parental responsibility provision in the Bill to have effect despite any other provisions of the Family Law Act but not to override any other Commonwealth State and Territory laws.

 

 

FINANCIAL IMPACT STATEMENT

 

The amendments will have no financial impact.



 

NOTES ON ITEMS

 

Item 1

 

This item would amend item 25, page 8 of Schedule 1 to the Bill as introduced, to amend the definition of foreign property protection measure to ensure consistency with language used in the Convention.

 

Item 2

 

This item would amend item 25, page 8 of Schedule 1 to the Bill as introduced, to amend the definition of non-Convention country to ensure consistency with language used in the Convention.

 

Item 3

 

This item would amend item 25, page 11 of Schedule 1 to the Bill as introduced, to correct grammar identifying a competent authority of a Convention country.

 

Item 4

 

This item would amend item 25, page 16 of Schedule 1 to the Bill as introduced, to ensure consistency with language used in the Convention.

 

Item 5



This item would amend item 25, page 17 of Schedule 1 to the Bill as introduced, to

correct grammar identifying a competent authority of a Convention country.

 

Item 6

 

This item would amend item 25, page 17 of Schedule 1 to the Bill as introduced, to

ensure consistency with language used in the Convention.

 

Item 7

 

This item would amend item 25, page 17 of Schedule 1 to the Bill.  As amended, the provision will ensure the applicable law provisions of the Bill concerning parental responsibility have effect despite any other provisions of the Family Law Act but would not affect parental responsibility provisions in other Commonwealth, State and Territory laws (such as laws relating to guardianship of children brought to Australia for the purposes of adoption).