Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) 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 ).
(2) 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.
(2A) The application must:
(a) be in accordance with Form 3; and
(b) include an affidavit in accordance with Form 2.
(2B) 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:
(a) if the application is made by 1 applicant — where the applicant habitually resides; or
(b) if the application is made by more than 1 applicant — where the applicants habitually reside.
(2C) 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.
(2D) The Minister for Immigration and Multicultural Affairs:
(a) 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
(b) must include with that statement an affidavit in accordance with Form 2.
(2E) 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:
(a) is in accordance with Form 6; and
(b) includes an affidavit in accordance with Form 2.
(2F) 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:
(a) an adoption compliance certificate issued in the Convention country is in force for the adoption; and
(b) 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
(c) the child is allowed:
(i) to enter Australia; and
(ii) to reside permanently in Australia.
(4) 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.