FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 2 Definitions

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 2

Note:   A number of expressions used in these Regulations are defined in the Act, including the following:

(a)   applicable Rules of Court;

(b)   court.

  (1)   In these Regulations:

"Act" means the Family Law Act 1975 .

"Article 3 applicant" means a person, institution or other body that has made an application under paragraph   14(1)(b) or subregulation   14(2).

"Central Authority" has the meaning it has in the Convention.

"child" means a person who has not attained the age of 16 years.

"Commonwealth Central Authority" means the Secretary of the Attorney - General's Department.

"Convention" means the Convention on the Civil Aspects of International Child Abduction referred to in section   111B of the Act, a copy of the English text of which is set out in Schedule   1.

"convention country" means any country in respect of which the Convention has entered into force with Australia.

Note:   A list of countries in respect of which the Convention has entered into force with Australia could in 2019 be viewed on the Department's website (https://www.ag.gov.au).

"filed" has the same meaning as in the applicable Rules of Court.

"relevant Registrar" of a court means:

  (a)   in relation to the Federal Circuit and Family Court of Australia (Division   1)--the following:

  (i)   the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );

  (ii)   a Senior Registrar or Registrar of that court; or

  (b)   in relation to the Federal Circuit and Family Court of Australia (Division   2)--the following:

  (i)   the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );

  (ii)   a Senior Registrar or Registrar of that court; or

  (c)   in relation to any other court--the principal officer of the court or any other appropriate officer or staff member of the court.

"request" means a request made to a responsible Central Authority for the purposes of Article 8 or 21 of the Convention.

"responsible Central Authority" , in relation to action to be taken in a State or Territory, means the Commonwealth Central Authority or the State Central Authority of that State or Territory, as the case requires.

"return order" means an order under Part   3 for the return, under the Convention, of a child who has been removed to, or retained in, Australia.

"rights of access" include the right to take a child for a limited period of time to a place other than the child's habitual residence.

"rights of custody" has the meaning given in regulation   4.

"State Central Authority" means a person appointed under subregulation   8(1) to be the Central Authority of a State or Territory.

  (1A)   A reference in these Regulations to a form by number is a reference to the form so numbered in Schedule   3.

  (1B)   Unless the contrary intention appears, an expression that is used in these Regulations and in the Convention has the same meaning in these regulations as in the Convention.

  (1C)   A reference in these Regulations to a child who is removed:

  (a)   from Australia to a convention country; or

  (b)   from a convention country to another convention country or to Australia;

includes a reference to the removal of the child to the convention country concerned or to Australia, as the case may be, whether or not the child is first removed to another country.

  (2)   The removal or retention of a child is wrongful in the circumstances mentioned in Article 3 of the Convention.