Compilation #5 | Effective 2021-09-01
FRBR Work URI: /akn/au/act/1998/249
These Regulations are the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
These Regulations are made under the Family Law Act 1975.
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
court;
Territory.
In these Regulations:
accredited body means a body accredited, under the laws of a State and in accordance with the Commonwealth-State agreement, as an accredited body for the Convention.
Act means the Family Law Act 1975.
adoption compliance certificate means a certificate issued in accordance with article 23 of the Convention.
Bureau means the Permanent Bureau of the Hague Conference on Private International Law.
Central Authority means a person or office designated for a Convention country under article 6 of the Convention.
child means an individual who is under 18 years.
Commonwealth Central Authority has the meaning given by regulation 5.
Commonwealth-State agreement means the “Commonwealth-State agreement for the implementation of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption”: made between the Commonwealth and the States and Territories; and that commenced operation on 9 April 1998.
made between the Commonwealth and the States and Territories; and
that commenced operation on 9 April 1998.
Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption: mentioned in subsection 111C(1) of the Act; and a copy of the English text of which is set out in Schedule 1.
mentioned in subsection 111C(1) of the Act; and
a copy of the English text of which is set out in Schedule 1.
Convention country has the meaning given by regulation 4.
parental responsibility, in relation to a child, has the same meaning as in section 61B of the Act.
receiving State has the same meaning as in article 2 of the Convention.
State includes Territory.
State Central Authority has the meaning given by regulation 8.
State of origin has the same meaning as in article 2 of the Convention.
working day means a day that is not a Saturday, Sunday or public holiday.
A reference in these Regulations to a form by number is a reference to the form so numbered in Schedule 3.
A document to be filed in, or issued out of, a court in proceedings that is in a form set out in Schedule 3:
must be headed in accordance with Form 1; and
may identify the proceedings in accordance with the rules of the court.
Subject to article 45 of the Convention, each of the following countries is a Convention country:
a country mentioned in Schedule 2, on and from the date mentioned in relation to the country;
any other country for which the Convention has entered into force, other than:
Australia; and
a country against whose accession Australia has raised an objection under article 44 of the Convention.
For article 6 of the Convention, the Secretary to the Department is designated:
the Commonwealth Central Authority; and
the Central Authority to which communication from a country other than Australia may be addressed.
The functions of the Commonwealth Central Authority are to do, or to coordinate the doing of, anything that is necessary:
to enable the performance of Australia’s obligations under the Convention; or
to obtain for Australia any advantage or benefit under the Convention.
(2) For subregulation (1), the functions of the Commonwealth Central Authority include the following:
cooperating with Central Authorities outside Australia on matters relating to the administration and implementation of the Convention;
consulting State Central Authorities to get information for determining whether Australia is meeting its obligations under the Convention;
to the extent that the legislation and administrative practices of States do not ensure that Australia meets its obligations under the Convention—preparing legislation to ensure that Australia meets those obligations;
receiving advice from a State Central Authority that a provision of the Convention has not been respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;
receiving advice from a State Central Authority that there is a serious risk that a provision of the Convention may not be respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;
consulting State Central Authorities on matters relating to intercountry adoption.
However, the functions of the Commonwealth Central Authority do not include the following:
processing the day-to-day casework involved in a particular adoption;
approving an application for the adoption of a child;
giving consent to the adoption of a child;
a function reserved, under the Commonwealth-State agreement, for a State or State Central Authority;
accrediting a body for the Convention.
The functions of the Commonwealth Central Authority under this regulation are additional to its other functions under these Regulations.
Subject to subregulation (3), the Commonwealth Central Authority:
has all of the duties of a Central Authority under the Convention; and
may exercise all of the powers of a Central Authority under the Convention.
(6) If the exercise by the Commonwealth Central Authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State Central Authority, the Commonwealth Central Authority must consult the State Central Authority about the exercise of the Commonwealth function before it is exercised.
As soon as practicable after the commencement of these Regulations, the Commonwealth Central Authority must tell the Bureau, in writing, the Commonwealth Central Authority’s name, address and functions.
As soon as practicable after a change to the name, address or functions of the Commonwealth Central Authority, the Commonwealth Central Authority must tell the Bureau, in writing, about the change.
(1) The State Central Authority for a State is the person:
so designated by the State (if it has the capacity to do so) and notified to the Commonwealth Central Authority under subregulation 10(1); or
if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 9.
A State Central Authority designated under regulation 9 ceases to be a State Central Authority under that regulation if the State concerned:
designates a State Central Authority for the State; and
tells the Commonwealth Central Authority about the designation under subregulation 10(1).
The Attorney-General of the Commonwealth may designate a person, in writing, as State Central Authority of a State for these Regulations.
A person designated must be:
the State Minister administering the laws of that State relating to adoptions; or
a person holding, or for the time being performing the duties of, the office, in the department or service responsible for the administration of adoptions in the State, that supervises the conduct of those adoptions.
A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.
(4) As soon as practicable after the Attorney-General designates a State Central Authority, the Attorney-General must publish a notice of the designation in the Gazette.
(5) In this regulation, State Minister means:
for a State—a Minister of the Crown for the State; and
for a Territory—a Minister of the Crown for the Territory.
Note: Subregulations 9(1) and (2) do not necessarily apply to all States—see regulation 34.
As soon as practicable after a State designates a State Central Authority, the State must tell the Commonwealth Central Authority, in writing, the name, address and functions of the State Central Authority.
As soon as practicable after a change to the name, address or functions of a State Central Authority, the State concerned must tell the Commonwealth Central Authority, in writing, about the change.
As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1) or (2), it must give the Bureau the information, in writing.
(4) As soon as practicable after the Commonwealth Central Authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.
If a State to which subregulation (1) or (2) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.
Note: Subregulations 10(1) and (2) do not necessarily apply to all States—see regulation 34.
For these Regulations, a State Central Authority of a State is taken to have carried out a function if the function is carried out by an accredited body of the State.
As soon as practicable after a State Central Authority accredits a body, the State Central Authority must tell the Commonwealth Central Authority, in writing:
the name, address, duties and powers of the accredited body; and
the conditions of the accreditation.
As soon as practicable after a change to the name, address, duties or powers of an accredited body, the State Central Authority that accredited the body must tell the Commonwealth Central Authority, in writing, about the change.
As soon as practicable after a change to the conditions of an accreditation, the State Central Authority that accredited the body must tell the Commonwealth Central Authority, in writing, about the change.
As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1), (2) or (3), it must give the Bureau the information, in writing.
(5) As soon as practicable after the Commonwealth Central Authority is told about an accreditation, it must also publish a notice of the accreditation in the Gazette.
If a State to which subregulation (1), (2) or (3) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (4) and (5) as if the information were given under the subregulation.
Note: Subregulations 12(1), (2) and (3) do not necessarily apply to all States—see regulation 34.
As soon as practicable after a State Central Authority revokes the accreditation of a body, the State Central Authority must tell the Commonwealth Central Authority, in writing, about the revocation.
As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1):
it must give the Bureau the information, in writing; and
(b) it must publish a notice of the revocation in the Gazette.
If a State to which subregulation (1) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulation (2) as if the information were given under subregulation (1).
Note: Subregulation 13(1) does not necessarily apply to all States—see regulation 34.
This regulation applies if arrangements for the adoption of a child, who is habitually resident in Australia, by a person who is, or persons who are, habitually resident in a Convention country, are made in accordance with:
the Convention; and
the laws of the Commonwealth and the State in which the child is habitually resident; and
the laws of the Convention country.
The person or persons proposing to adopt the child must apply to a court for an order that the child be adopted by the person or persons.
The application must:
be in accordance with Form 3; and
include an affidavit in accordance with Form 2.
At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State where the child who is the subject of the application habitually resides.
As soon as practicable, the State Central Authority must give notice, in accordance with Form 4, of the application to any person of whom the Authority is aware as having an interest in whether the application is granted.
A person to whom the notice is given:
no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the person wishes to rely in support of the court making an order other than the order sought in the application; and
must include with that statement an affidavit in accordance with Form 2.
As soon as practicable before the court hearing, the applicant, or applicants, may file with the court a reply to a statement filed under subregulation (2D), being a reply that:
is in accordance with Form 6; and
includes an affidavit in accordance with Form 2.
An order made by the court must be in accordance with Form 7.
The court may make the order only if it is satisfied that:
the Central Authority of the Convention country has agreed to the adoption of the child; and
the State Central Authority of the State in which the child habitually resides has agreed to the adoption of the child; and
the adoption is in the best interests of the child.
However, the court must not make the order if:
the child is not in Australia; or
the child is not allowed to leave Australia:
under a law of the Commonwealth or a State; or
because of an order of a court of the Commonwealth or a State.
The best interests of a child must be determined in accordance with section 68F of the Act.
Note: This regulation does not necessarily apply to all States—see regulation 34.
This regulation applies in relation to an adoption that is to be granted in Australia, of a child who is habitually resident in a Convention country, by a person who is, or persons who are, habitually resident in Australia, if arrangements for the adoption are made in accordance with:
the Convention; and
the laws of the Commonwealth and the State of habitual residence of the person or persons proposing to adopt the child; and
the laws of the Convention country.
The person or persons proposing to adopt the child must apply to a court for an order that the child be adopted by the person or persons.
The application must:
be in accordance with Form 3; and
include an affidavit in accordance with Form 2.
At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State:
if the application is made by 1 applicant—where the applicant habitually resides; or
if the application is made by more than 1 applicant—where the applicants habitually reside.
The State Central Authority:
no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the Authority wishes to rely in support of the court making an order other than the order sought in the application; and
must include with that statement an affidavit in accordance with Form 2.
As soon as practicable before the court hearing, the applicant, or applicants, may file with the court a reply to a statement filed under subregulation (2C), being a reply that:
is in accordance with Form 6; and
includes an affidavit in accordance with Form 2.
An order made by the court must be in accordance with Form 8.
The court may make the order only if it is satisfied that:
the Central Authority of the Convention country has agreed to the adoption of the child; and
the State Central Authority of the State in which the applicant or applicants habitually reside has agreed to the adoption of the child; and
the child is allowed to reside permanently in Australia.
However, the court must not make the order if the child is not in Australia.
For paragraph (3)(c), a child is not allowed to reside permanently in Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so residing.
Note 1: This regulation does not necessarily apply to all States—see regulation 34.
Note 2: If a child to whom an application relates enters Australia before the application is determined, the child may be subject, while the application is being considered, to the Immigration (Guardianship of Children) Act 1946. Legislation of the State in which an application is made may also have consequences for the child concerned.
(1) This regulation applies if:
an adoption, by a person who is habitually resident in Australia, of a child who is habitually resident in a Convention country is granted in that country; and
an adoption compliance certificate issued in that country is in force for the adoption.
Subject to regulation 22, the adoption is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the certificate becomes effective.
Note: This regulation does not necessarily apply to all States—see regulation 34.
(1) This regulation applies if:
a child, who is habitually resident in a Convention country, is adopted by a person who is habitually resident in another Convention country; and
an adoption compliance certificate issued in the Convention country in which the adoption is granted is in force for the adoption.
Subject to regulation 22, the adoption is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the certificate becomes effective.
Recognition of the adoption of a child includes, for the laws of the Commonwealth and each State, recognition that under those laws:
the relationship between the child and each of the child’s adoptive parents is the relationship of child and parent; and
each adoptive parent of the child has parental responsibility for the child; and
(c) if the laws of the Convention country where the adoption was granted provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents—the relationship is terminated; and
the child has the same rights as a child who is adopted under the laws of a State.
Subject to regulation 22, an adoption compliance certificate is evidence, for the laws of the Commonwealth and each State, that the adoption to which the certificate relates:
was agreed to by the Central Authorities of the countries mentioned in the certificate; and
was carried out in accordance with the Convention and the laws of the countries mentioned in the certificate.
This regulation applies if:
an adoption, by a person who is habitually resident in Australia, of a child who is habitually resident in a Convention country is granted in that country; and
(b) the laws of the Convention country do not provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents (the pre-adoption parents).
The person may apply to a court for an order that the adoption of the child terminates the legal relationship between the child and the pre-adoption parents.
The application must:
be in accordance with Form 3; and
include an affidavit in accordance with Form 2.
At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State:
if the application is made by 1 applicant—where the applicant habitually resides; or
if the application is made by more than 1 applicant—where the applicants habitually reside.
As soon as practicable, the State Central Authority must give notice, in accordance with Form 4, of the application to the Minister for Immigration and Multicultural Affairs at the principal office of the Department of Immigration and Multicultural Affairs in Canberra.
The Minister for Immigration and Multicultural Affairs:
no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the Minister wishes to rely in support of the court making an order other than the order sought in the application; and
must include with that statement an affidavit in accordance with Form 2.
As soon as practicable before the court hearing, the applicant, or applicants may file with the court a reply to a statement filed under subregulation (2D), being a reply that:
is in accordance with Form 6; and
includes an affidavit in accordance with Form 2.
An order made by the court must be in accordance with Form 9.
(3) The court may make the order only if it is satisfied that:
an adoption compliance certificate issued in the Convention country is in force for the adoption; and
the laws of the Convention country do not provide that the adoption of a child terminates the legal relationship between the child and the pre-adoption parents; and
the child is allowed:
to enter Australia; and
to reside permanently in Australia.
For paragraph (3)(c), a child is not allowed to enter, or reside permanently in, Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so entering or residing.
Note: This regulation does not necessarily apply to all States—see regulation 34.
Subject to regulation 22, if a decision is made in a Convention country to convert the adoption of a child, in accordance with article 27 of the Convention, the decision is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the decision becomes effective.
Recognition of the decision includes, for the laws of the Commonwealth and each State, recognition that under those laws, the decision terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents.
This regulation applies if a State Central Authority considers that an adoption, or a decision made in accordance with article 27 of the 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 a court for a declaration that the adoption or decision is not recognised.
The application must:
be in accordance with Form 3; and
include an affidavit in accordance with Form 2.
At the same time as the application is made, the State Central Authority must give notice, in accordance with Form 4, of the application to:
the adoptive parents, or adoptive parent, of the child to whom the adoption or decision relates; and
the Minister for Immigration and Multicultural Affairs at the principal office of the Department of Immigration and Multicultural Affairs in Canberra.
A person to whom notice of the application is given:
no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the person wishes to rely in support of the court making an order other than the order sought in the application; and
must include with that statement an affidavit in accordance with Form 2.
As soon as practicable before the court hearing, the State Central Authority may file with the court a reply to a statement filed under subregulation (2C), being a reply that:
is in accordance with Form 6; and
includes an affidavit in accordance with Form 2.
An order made by the court must be in accordance with Form 10.
If a court declares that it does not recognise the adoption or decision, the adoption or decision (as the case requires) has no effect for the laws of the Commonwealth and each State.
If a State Central Authority applies to a court for a declaration under regulation 22, the State Central Authority must, as soon as practicable, tell the Commonwealth Central Authority, in writing, about the application and its reasons for making the application.
When the Commonwealth Central Authority is given information under subregulation (1), it must, as soon as practicable:
give the Bureau and the Central Authorities of the State of origin and the receiving State the information, in writing; and
invite those Central Authorities to make submissions to the court about the application.
As soon as practicable after the court has decided the application, the Commonwealth Central Authority must tell the Bureau, in writing, about the decision.
If a State to which subregulation (1) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (2) and (3) as if the information were given under subregulation (1).
Note: Subregulation (1) does not necessarily apply to all States—see regulation 34.
For this Part, a matter to which a provision of Part 4 applies arises in a State if the adoptive parents, or prospective adoptive parents, concerned are habitually resident in that State.
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in a matter to which a provision of Part 4 applies.
If jurisdiction is invested, in the matter, in a court of a State under a law of the State, the Federal Circuit and Family Court of Australia (Division 2) is divested of jurisdiction in the matter.
Subregulation (2) does not have effect in relation to:
proceedings instituted in the Federal Circuit and Family Court of Australia (Division 2) before the day on which jurisdiction in the matter is invested in the State court; or
proceedings on appeal from a decision of the Court in proceedings mentioned in paragraph (a).
24B Appeals to the Federal Circuit and Family Court of Australia (Division 1)
An appeal may be made to the Federal Circuit and Family Court of Australia (Division 1) from:
(a) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising original jurisdiction; or
(b) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising appellate jurisdiction; or
a decision of the Federal Circuit and Family Court of Australia (Division 2) exercising jurisdiction under subregulation 24A(1).
The appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised:
if the appeal is from a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1)—by a Full Court of the Federal Circuit and Family Court of Australia (Division 1); or
if the appeal is from a decision of the Federal Circuit and Family Court of Australia (Division 2)—by a single Judge of the Federal Circuit and Family Court of Australia (Division 1) unless the Chief Justice directs that the application be heard and determined by a Full Court.
The Supreme Court of New South Wales is invested with federal jurisdiction in matters arising in New South Wales to which a provision of Part 4 applies.
An appeal from a decision of the Supreme Court of New South Wales constituted by a single judge, exercising jurisdiction under subregulation (1), may be made to the Court of Appeal of that Court.
The Court of Appeal of the Supreme Court of New South Wales is invested with federal jurisdiction for appeals instituted under subregulation (2).
The following courts of Victoria are invested with federal jurisdiction in matters arising in Victoria to which a provision of Part 4 applies:
the County Court;
the Supreme Court of Victoria.
An appeal from a decision of the County Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Victoria.
The Supreme Court of Victoria is invested with federal jurisdiction for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of Victoria constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.
The Court of Appeal of the Supreme Court of Victoria is invested with federal jurisdiction for appeals instituted under subregulation (4).
The following courts of Queensland are invested with federal jurisdiction in matters arising in Queensland to which a provision of Part 4 applies:
the Children’s Court;
the Supreme Court of Queensland.
An appeal from a decision of the Children’s Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Queensland.
The Supreme Court of Queensland is invested with federal jurisdiction for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of Queensland constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.
The Court of Appeal of the Supreme Court of Queensland is invested with federal jurisdiction for appeals instituted under subregulation (4).
The following courts of South Australia are invested with federal jurisdiction in matters arising in South Australia to which a provision of Part 4 applies:
the Youth Court of South Australia;
the Supreme Court of South Australia.
An appeal from a decision of the Youth Court of South Australia, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of South Australia.
The Supreme Court of South Australia is invested with federal jurisdiction for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of South Australia constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Full Court of that Court.
The Full Court of the Supreme Court of South Australia is invested with federal jurisdiction for appeals instituted under subregulation (4).
The Family Court of Western Australia is invested with federal jurisdiction in matters:
arising in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
to which a provision of Part 4 applies.
An appeal from a decision of the Family Court of Western Australia, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Western Australia.
The Supreme Court of Western Australia is invested with federal jurisdiction for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of Western Australia constituted by a single judge, exercising jurisdiction under subregulation (3), may be made to the Full Court of that Court.
The Full Court of the Supreme Court of Western Australia is invested with federal jurisdiction for appeals instituted under subregulation (4).
(1) The following courts of Tasmania are invested with federal jurisdiction in matters arising in Tasmania to which a provision of Part 4 applies:
a court constituted by a magistrate sitting alone;
the Supreme Court of Tasmania.
An appeal from a decision of a court constituted by a magistrate sitting alone, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Tasmania.
The Supreme Court of Tasmania is invested with federal jurisdiction for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of Tasmania constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Full Court of that Court.
The Full Court of the Supreme Court of Tasmania is invested with federal jurisdiction for appeals instituted under subregulation (4).
Jurisdiction is conferred on the Supreme Court of the Australian Capital Territory in matters:
arising in the Australian Capital Territory, the Jervis Bay Territory, the Territory of Heard and McDonald Islands or the Australian Antarctic Territory; and
to which a provision of Part 4 applies.
An appeal from a decision of the Supreme Court of the Australian Capital Territory constituted by a single judge, exercising jurisdiction under subregulation (1), may be made to the Full Court of the Federal Court of Australia.
Jurisdiction is conferred on the Full Court of the Federal Court of Australia for appeals instituted under subregulation (2).
Jurisdiction is conferred on the following courts of the Northern Territory in matters arising in the Northern Territory or the Territory of Ashmore and Cartier Islands to which a provision of Part 4 applies:
the Local Court;
the Supreme Court of the Northern Territory of Australia.
An appeal from a decision of the Local Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of the Northern Territory of Australia.
Jurisdiction is conferred on the Supreme Court of the Northern Territory of Australia for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of the Northern Territory of Australia constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.
Jurisdiction is conferred on the Court of Appeal of the Supreme Court of the Northern Territory of Australia for appeals instituted under subregulation (4).
Jurisdiction is conferred on the Court of Petty Sessions of Norfolk Island in matters:
arising on Norfolk Island or in the Coral Seas Islands Territory; and
to which a provision of Part 4 applies.
An appeal from a decision of the Court of Petty Sessions of Norfolk Island, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Norfolk Island.
Jurisdiction is conferred on the Supreme Court of Norfolk Island for appeals instituted under subregulation (2).
An appeal from a decision of the Supreme Court of Norfolk Island constituted by a single Judge, exercising jurisdiction under subregulation (3), may be made to the Full Court of the Federal Court of Australia.
Jurisdiction is conferred on the Full Court of the Federal Court of Australia for appeals instituted under subregulation (4).
(1) A provision of these Regulations, except Regulations 5, 6, 7, 8, 9, 12 and 13, does not apply to a State in which there is in force a law (an intercountry adoption law) having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.
Nothing in these Regulations affects:
the jurisdiction of a court of the Commonwealth or a State, or the power of an authority, under an intercountry adoption law to entertain proceedings, make an order or take any other action in relation to an intercountry adoption; or
any such order or action; or
the operation, within a State, of an intercountry adoption law of the State.