Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Subject to this section, a person must not (whether before or after the birth of the child concerned) make, give or receive, or agree to make, give or receive, a payment or reward for or in consideration of—
(a) the adoption or proposed adoption of a child; or
(b) the signing of an instrument of consent to the adoption of a child; or
(c) the transfer of the custody or control of a child with a view to the adoption of the child; or
(d) the conduct of negotiations or the making of arrangements with a view to the adoption of a child.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2) Subsection (1) does not apply in relation to any of the following payments or rewards in connection with an adoption or proposed adoption:
(a) a payment of legal expenses;
(b) a payment made by an adoptive parent, with the approval in writing of the chief executive or with the approval of the court, for the hospital and medical expenses reasonably incurred in connection with the birth of the child or the antenatal or postnatal care and treatment of the mother or the child;
(c) any other payment or reward authorised by the chief executive or by the court.
(3) Subsection (1) does not apply in relation to a payment or reward in connection with an adoption or proposed adoption under a law of a State or another Territory if making the payment or giving the reward, or agreeing to make the payment or give the reward, would have been lawful if it had taken place in that State or other Territory.