New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 16

16 Matters relating to jurisdiction to appoint, or determine the powers of, a guardian of a child’s property

(1) This section applies if a New South Wales authority has jurisdiction under New South Wales law, apart from this Act, for a New South Wales property protection measure relating to a child.

(2) The New South Wales authority may exercise jurisdiction for a New South Wales property protection measure relating to a child only in relation to:

(a) a child who is habitually resident in Australia, or

(b) a child who is habitually resident in a Convention country, if:

(i) the protection of the child’s property in Australia requires taking the measure as a matter of urgency, or

(ii) the measure is provisional and limited in its territorial effect to property in Australia, or

(iii) a request to assume jurisdiction is made to the New South Wales authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge, or

(iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the New South Wales authority assuming jurisdiction, or

(v) the child has been wrongfully removed from or retained outside Australia and New South Wales authorities keep jurisdiction under Article 7 of the Child Protection Convention, or

(c) a child who is present in Australia and is a refugee child, or

(d) a child who is present in a non-Convention country, if:

(i) the child is habitually resident in Australia, or

(ii) the child is habitually resident in a non-Convention country and is an Australian citizen, or

(e) a child who is present in Australia, if the child is habitually resident in a non-Convention country.

(3) The New South Wales authority may exercise jurisdiction under subsection (2) (b) (ii) only if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5-10 of the Child Protection Convention.

(4) Subsection (2) (a)-(c) are subject to the limitations in sections 17, 18 and 20.