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ADOPTION OF CHILDREN (HAGUE CONVENTION ON INTERCOUNTRY ADOPTION) AMENDMENT BILL 1998

       Queensland




ADOPTION OF CHILDREN
(HAGUE CONVENTION ON
    INTERCOUNTRY
ADOPTION) AMENDMENT
       BILL 1998

 


 

 

Queensland ADOPTION OF CHILDREN (HAGUE CONVENTION ON INTERCOUNTRY ADOPTION) AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Omission of s 4 (Severability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Relocation and renumbering of s 5 (Savings) . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6A Convention countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 7 (Adoption by order of Director) . . . . . . . . . . . . . . . . . . . 8 9 Amendment of s 7A (Nexus with Queensland) . . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 13A (Applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 13B (Director's assessments) . . . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of s 17 (Keeping of lists) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Insertion of new pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2A--Intercountry adoptions 18B Operation of pt 3 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18C Adoption of a child from Queensland by a person habitually resident in a convention country . . . . . . . . . . . . . . . . . . . . 10 18D Adoption of a child from a convention country by a person habitually resident in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

 


 

2 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment 14 Replacement of pt 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4--RECOGNITION OF ADOPTIONS AND RELATED MATTERS Division 1--Recognition of interstate and foreign adoptions 15 Omission of s 36 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 37A Recognition of adoptions granted in convention countries . . . . . . . . 11 17 Amendment of s 38 (Recognition of foreign adoptions) . . . . . . . . . . . . . . . . 13 18 Insertion of new pt 4, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2--Simple adoptions 38AA Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 38AB Simple adoption does not end parent-child relationship . . . . . . . . . . 14 38AC Conversion of simple adoption in convention country . . . . . . . . . . . 15 38AD Conversion of simple adoption by chief executive . . . . . . . . . . . . . . 15 19 Insertion of new pt 4, div 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 3--Other matters concerning foreign adoptions 20 Amendment of s 39 (Declarations of validity of foreign adoptions) . . . . . . 16 21 Amendment of s 56 (Sending of memoranda of orders to other places) . . . 17 22 Amendment of s 60 (Proof of adoptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 Amendment of s 61 (Judicial notice of signatures) . . . . . . . . . . . . . . . . . . . 17 24 Amendment of s 65 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Omission of s 66 (Publication of proclamations etc.) . . . . . . . . . . . . . . . . . . 18 26 Insertion of new pt 7 and div 1, hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 7--SAVINGS Division 1--Provision for Adoption of Children Act 1964 No. 54 27 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2--Provision for Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Act 1998 69 Savings--recognition of foreign adoptions under s 38 . . . . . . . . . . . 19

 


 

3 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment 28 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SCHEDULE HAGUE CONVENTION CONVENTION ON PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF INTERCOUNTRY ADOPTION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 40 AMENDMENTS TO UPDATE REFERENCES TO `DIRECTOR'

 


 

 

1998 A BILL FOR An Act to amend the Adoption of Children Act 1964 to implement the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption and for other purposes

 


 

s1 6 s6 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Adoption of Children (Hague Convention 3 on Intercountry Adoption) Amendment Act 1998. 4 5 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 6 amended 7 Act Clause 3. This Act amends the Adoption of Children Act 1964. 8 of s 4 (Severability) 9 Omission Clause 4. Section 4-- 10 omit. 11 and renumbering of s 5 (Savings) 12 Relocation Clause 5. Section 5-- 13 relocate and renumber as section 68. 14 of s 6 (Interpretation) 15 Amendment Clause 6.(1) Section 6, heading-- 16 omit, insert-- 17 `Definitions'. 18 (2) Section 6, definitions "department", "director" and "Minister"-- 19 omit. 20

 


 

s6 7 s6 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (3) Section 6-- 1 insert-- 2 ` "adoption compliance certificate" means a certificate under article 23 of 3 the Hague convention. 4 "central authority", of a convention country, means the entity designated 5 under article 6 of the Hague convention as the central authority of the 6 country or, if more than 1 central authority has been designated, the 7 entity designated as the central authority for the relevant function. 8 "Commonwealth central authority" means the Commonwealth Central 9 Authority under the Commonwealth regulation.1 10 "Commonwealth regulation" means the Family Law (Hague Convention 11 on Intercountry Adoption) Regulations 1998 (Cwlth). 12 "convention country" see section 6A. 13 "country" includes a territorial unit or other part of a country. 14 "Hague convention" means the Convention on Protection of Children and 15 Cooperation in Respect of Intercountry Adoption, made at the Hague 16 on 29 May 1993, a copy of the English text of which is set out in the 17 schedule. 18 "non-convention country" means a country other than Australia, New 19 Zealand or a convention country.'. 20 (4) Section 6, definition "registrar of the Supreme Court", `Supreme 21 Court Act 1867'-- 22 omit, insert-- 23 `Supreme Court Act 1995'. 24 (5) Section 6, definition "registrar of the Supreme Court", `Supreme 25 Court Act 1895'-- 26 omit, insert-- 27 `Supreme Court Act 1995'. 28 1 Presently, this is the Secretary to the Commonwealth Attorney-General's Department.

 


 

s7 8 s9 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (6) Section 6, definition "the repealed Acts", after `section 5(1)'-- 1 insert-- 2 `(as in force on the commencement of this Act)'. 3 of new s 6A 4 Insertion Clause 7. Part 1, after section 6-- 5 insert-- 6 countries 7 `Convention `6A.(1) Each of the following is a "convention country" for this Act-- 8 (a) a country prescribed under a regulation to be a convention 9 country; 10 (b) another country for which the Hague convention has entered into 11 force, under article 46 of the Hague convention, other than-- 12 (i) Australia; or 13 (ii) New Zealand; or 14 (iii) a country to whose accession Australia has raised an 15 objection under article 44 of the Hague convention. 16 `(2) However, subsection (1) applies to a country subject to a declaration 17 under article 45 of the Hague convention.'. 18 of s 7 (Adoption by order of Director) 19 Amendment Clause 8. Section 7(3) to (6)-- 20 omit. 21 of s 7A (Nexus with Queensland) 22 Amendment Clause 9. Section 7A-- 23 insert-- 24

 


 

s 10 9 s 13 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment `(1A) Subsection (1)(a) does not apply to an adoption order to which 1 section 18C applies.2'. 2 of s 13A (Applications) 3 Amendment Clause 10. Section 13A(5)-- 4 omit. 5 of s 13B (Director's assessments) 6 Amendment Clause 11. Section 13B(9)-- 7 omit. 8 of s 17 (Keeping of lists) 9 Amendment Clause 12. Section 17(4)-- 10 omit. 11 of new pt 3, div 2A 12 Insertion Clause 13. After section 18A-- 13 insert-- 14 2A--Intercountry adoptions 15 `Division of pt 3 not limited 16 `Operation `18B. To remove doubt, it is declared that this division does not limit the 17 operation of another provision in this part, including, in particular, 18 section 10.3 19 2 Section 18C (Adoption of a child from Queensland by a person habitually resident in a convention country) 3 Section 10 (Welfare and interests of child to be paramount)

 


 

s 13 10 s 13 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment of a child from Queensland by a person habitually resident 1 `Adoption in a convention country 2 `18C.(1) This section applies to an application under this Act, by a 3 person who is habitually resident in a convention country, to adopt a child 4 who is habitually resident in Queensland. 5 `(2) The chief executive may make an order for the adoption of the child 6 by the applicant only if, at the time of the order-- 7 (a) the child is not prevented from leaving Australia-- 8 (i) under a law of the Commonwealth or a State; or 9 (ii) by an order of a court of the Commonwealth or a State; and 10 (b) the chief executive is satisfied that-- 11 (i) arrangements for the adoption have been made under the 12 Hague convention and the law of the convention country; 13 and 14 (ii) the central authority of the convention country has agreed to 15 the adoption; and 16 (iii) the child is not prevented by a law of the convention country 17 from residing permanently in that country. 18 of a child from a convention country by a person 19 `Adoption habitually resident in Queensland 20 `18D.(1) This section applies to an application under this Act, by a 21 person who is habitually resident in Queensland, to adopt a child who is 22 habitually resident in a convention country. 23 `(2) The chief executive may make an order for the adoption of the child 24 by the applicant only if, at the time of the order-- 25 (a) the child is not prevented from residing permanently in 26 Australia-- 27 (i) under a law of the Commonwealth or a State; or 28 (ii) by an order of a court of the Commonwealth or a State; and 29 (b) the chief executive is satisfied that-- 30

 


 

s 14 11 s 16 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (i) arrangements for the adoption have been made under the 1 Hague convention and the law of the convention country; 2 and 3 (ii) the central authority of the convention country has agreed to 4 the adoption.'. 5 of pt 4 hdg 6 Replacement Clause 14. Part 4, heading-- 7 omit, insert-- 8 `PART 4--RECOGNITION OF ADOPTIONS AND 9 RELATED MATTERS 10 `Division 1--Recognition of interstate and foreign adoptions'. 11 of s 36 (Definition) 12 Omission Clause 15. Section 36-- 13 omit. 14 of new s 37A 15 Insertion Clause 16. After section 37-- 16 insert-- 17 of adoptions granted in convention countries 18 `Recognition `37A.(1) This section applies to an adoption granted in a convention 19 country if-- 20 (a) when the adoption is granted-- 21 (i) the adopted child is habitually resident in a convention 22 country; and 23 (ii) the adopter is habitually resident in a convention country, 24 Australia or New Zealand; and 25

 


 

s 16 12 s 16 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (b) an adoption compliance certificate, issued in the convention 1 country in which the adoption is granted, is in force for the 2 adoption. 3 `(2) The adoption has effect as if it were an adoption order made under 4 this Act. 5 `(3) However, subsection (2) does not apply if the Supreme Court makes 6 a declaration of non-recognition of the adoption. 7 `(4) The Supreme Court may make a declaration of non-recognition of 8 the adoption if it is satisfied the adoption is manifestly contrary to public 9 policy, taking into account the child's best interests. 10 `(5) An interested person may apply to the Supreme Court for a 11 declaration of non-recognition of the adoption. 12 `(6) Before applying for the declaration, the person must give written 13 notice-- 14 (a) if the person is the chief executive--to the Commonwealth central 15 authority; or 16 (b) otherwise--to the chief executive. 17 `(7) The notice must state that the person proposes to apply for the 18 declaration and the reasons for the proposed application. 19 `(8) If the chief executive is given a notice under subsection (6)(b), the 20 chief executive must give a copy of the notice to the Commonwealth central 21 authority. 22 `(9) If the applicant is not the chief executive, the chief executive is 23 entitled to be joined as a party to the proceedings concerning the application. 24 `(10) This section is subject to division 2. 25 `(11) In this section-- 26 "declaration of non-recognition", of an adoption granted in a convention 27 country, means a declaration that the adoption does not have effect as if 28 it were an adoption order made under this Act. 29 "interested person", for an adoption, means-- 30 (a) the chief executive; or 31

 


 

s 17 13 s 17 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (b) an adopter; or 1 (c) the adopted child.'. 2 of s 38 (Recognition of foreign adoptions) 3 Amendment Clause 17.(1) Section 38, heading-- 4 omit, insert-- 5 `Recognition of adoptions granted in non-convention countries'. 6 (2) Section 38(1), `(whether before or after the commencement of this 7 Act) in a country (other than New Zealand) outside the Commonwealth and 8 the Territories of the Commonwealth'-- 9 omit, insert-- 10 `in a non-convention country'. 11 (3) Section 38(2), `a country'-- 12 omit, insert-- 13 `a non-convention country'. 14 (4) Section 38(3) and (3A)-- 15 omit. 16 (5) Section 38(6), `country outside the Commonwealth and the 17 Territories of the Commonwealth'-- 18 omit, insert-- 19 `non-convention country'. 20 (6) Section 38(7), `(whether before or after the commencement of this 21 Act) in a country (other than New Zealand) outside the Commonwealth and 22 the Territories of the Commonwealth'-- 23 omit, insert-- 24 `in a non-convention country'. 25

 


 

s 18 14 s 18 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment of new pt 4, div 2 1 Insertion Clause 18. After section 38-- 2 insert-- 3 `Division 2--Simple adoptions 4 for div 2 5 `Definitions `38AA. In this division-- 6 "conversion", of a simple adoption, means conversion into a full adoption 7 under article 27 of the Hague convention. 8 "declaration of non-recognition", of the conversion of a simple adoption, 9 means a declaration that, despite the conversion, the adoption is taken 10 to remain a simple adoption. 11 "full adoption" means an adoption other than a simple adoption. 12 "interested person", for an adoption, means-- 13 (a) the chief executive; or 14 (b) an adopter; or 15 (c) the adopted child. 16 "simple adoption" means an adoption granted in a convention country 17 that, under the law of that country, does not end the legal relationship 18 between the adopted child and the individuals who were, immediately 19 before the adoption, the child's parents. 20 adoption does not end parent-child relationship 21 `Simple `38AB. Despite section 37A(2),4 a simple adoption does not end the 22 legal relationship between the adopted child and the individuals who were, 23 immediately before the adoption, the child's parents. 24 4 Section 37A (Recognition of adoptions granted in convention countries)

 


 

s 18 15 s 18 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment of simple adoption in convention country 1 `Conversion `38AC.(1) If a simple adoption is converted in a convention country, the 2 adoption is taken to be a full adoption. 3 `(2) However, subsection (1) does not apply if the Supreme Court makes 4 a declaration of non-recognition of the conversion. 5 `(3) The Supreme Court may make a declaration of non-recognition of 6 the conversion if it is satisfied the conversion is manifestly contrary to 7 public policy, taking into account the child's best interests. 8 `(4) An interested person may apply to the Supreme Court for a 9 declaration of non-recognition of the conversion. 10 `(5) Before applying for the declaration, the person must give written 11 notice-- 12 (a) if the person is the chief executive--to the Commonwealth central 13 authority; or 14 (b) otherwise--to the chief executive. 15 `(6) The notice must state that the person proposes to apply for the 16 declaration and the reasons for the proposed application. 17 `(7) If the chief executive is given a notice under subsection (5)(b), the 18 chief executive must give a copy of the notice to the Commonwealth central 19 authority. 20 `(8) If the applicant is not the chief executive, the chief executive is 21 entitled to be joined as a party to the proceedings concerning the application. 22 of simple adoption by chief executive 23 `Conversion `38AD.(1) On application by an adopter of a child under a simple 24 adoption, the chief executive may, by written order, declare the adoption to 25 have effect as a full adoption. 26 `(2) If the chief executive makes the order, the adoption has effect as a 27 full adoption. 28 `(3) The chief executive may make the order only if the chief executive is 29 satisfied-- 30

 


 

s 19 16 s 20 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment (a) an adoption compliance certificate, issued in the convention 1 country in which the adoption was granted, is in force for the 2 adoption; and 3 (b) the adopter is habitually resident in Queensland; and 4 (c) when the adoption was granted, the adopted child was habitually 5 resident in the convention country; and 6 (d) if the adopted child is not in Australia when the chief executive 7 proposes to make the declaration--the child is not prevented from 8 entering Australia-- 9 (i) under a law of the Commonwealth or a State; or 10 (ii) by an order of a court of the Commonwealth or a State; and 11 (e) the child is not prevented from residing permanently in 12 Australia-- 13 (i) under a law of the Commonwealth or a State; or 14 (ii) by an order of a court of the Commonwealth or a State.'. 15 of new pt 4, div 3 hdg 16 Insertion Clause 19. Before section 38A-- 17 insert-- 18 `Division 3--Other matters concerning foreign adoptions'. 19 of s 39 (Declarations of validity of foreign adoptions) 20 Amendment Clause 20.(1) Section 39(1), `section 38'-- 21 omit, insert-- 22 `section 37A or 38'. 23 (2) Section 39(7), `section 38'-- 24 omit, insert-- 25 `section 37A or 38'. 26

 


 

s 21 17 s 24 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment of s 56 (Sending of memoranda of orders to other places) 1 Amendment Clause 21. Section 56, `Commonwealth, New Zealand, or in a country specified 2 in a subsisting order in council made under section 38(3),'-- 3 omit, insert-- 4 `Commonwealth or in New Zealand,'. 5 of s 60 (Proof of adoptions) 6 Amendment Clause 22.(1) Section 60-- 7 insert-- 8 `(c) a document purporting to be an order made under section 38AD 9 or a certified copy of an order made under section 38AD;5'. 10 (2) Section 60-- 11 insert-- 12 `(2) An adoption compliance certificate is evidence that the adoption to 13 which it relates-- 14 (a) was agreed to by the central authorities of the countries stated in 15 it; and 16 (b) was carried out under the Hague convention and the laws of the 17 countries stated in it.'. 18 of s 61 (Judicial notice of signatures) 19 Amendment Clause 23. Section 61-- 20 insert-- 21 `(d) the chief executive;'. 22 of s 65 (Regulations) 23 Amendment Clause 24.(1) Section 65, heading-- 24 5 Section 38AD (Conversion of simple adoption by chief executive)

 


 

s 25 18 s 27 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment omit, insert-- 1 `Regulation-making power'. 2 (2) Section 65(1), words before paragraph (a)-- 3 omit, insert-- 4 `65.(1) The Governor in Council may make regulations under this Act. 5 `(1A) A regulation may be made for or about the following matters--'. 6 (3) Section 65(2)-- 7 omit, insert-- 8 `(2) A regulation may prescribe a country, other than Australia or New 9 Zealand, to be a convention country for this Act, but only if the country is a 10 convention country for the Commonwealth regulation.'. 11 of s 66 (Publication of proclamations etc.) 12 Omission Clause 25. Section 66-- 13 omit. 14 of new pt 7 and div 1, hdgs 15 Insertion Clause 26. After section 67-- 16 insert-- 17 ART 7--SAVINGS 18 `P `Division 1--Provision for Adoption of Children Act 1964, Act No. 54 of 19 1964'. 20 of new pt 7, div 2 21 Insertion Clause 27. After section 68 (as relocated and renumbered under this Act)-- 22

 


 

s 28 19 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment insert-- 1 `Division 2--Provision for Adoption of Children (Hague Convention on 2 Intercountry Adoption) Amendment Act 1998 3 of foreign adoptions under s 38 4 `Savings--recognition `69.(1) This section applies to an adoption to which section 38 applied 5 immediately before the commencement of the Adoption of Children (Hague 6 Convention on Intercountry Adoption) Amendment Act 1998, section 17. 7 `(2) Section 38, as in force before that commencement, continues to 8 apply to the adoption.'. 9 of new schedule 10 Insertion Clause 28. After section 69-- 11 insert-- 12 CHEDULE 13 `S AGUE CONVENTION 14 `H section 6, definition "Hague convention" 15 `CONVENTION ON PROTECTION OF CHILDREN 16 AND COOPERATION IN RESPECT OF 17 INTERCOUNTRY ADOPTION 18 The States signatory to the present Convention, 19 Recognising that the child, for the full and harmonious development of 20 his or her personality, should grow up in a family environment, in an 21 atmosphere of happiness, love and understanding, 22

 


 

s 28 20 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Recalling that each State should take, as a matter of priority, 1 appropriate measures to enable the child to remain in the care of his or 2 her family of origin, 3 Recognising that intercountry adoption may offer the advantage of a 4 permanent family to a child for whom a suitable family cannot be 5 found in his or her State of origin, 6 Convinced of the necessity to take measures to ensure that intercountry 7 adoptions are made in the best interests of the child and with respect 8 for his or her fundamental rights, and to prevent the abduction, the sale 9 of, or traffic in children, 10 Desiring to establish common provisions to this effect, taking into 11 account the principles set forth in international instruments, in 12 particular the United Nations Convention on the Rights of the Child, of 13 20 November 1989, and the United Nations Declaration on Social and 14 Legal Principles relating to the Protection and Welfare of Children, 15 with Special Reference to Foster Placement and Adoption Nationally 16 and Internationally (General Assembly Resolution 41/85, of 17 3 December 1986), 18 Have agreed upon the following provisions-- 19 CHAPTER I--SCOPE OF THE CONVENTION 20 Article 1 21 The objects of the present Convention are-- 22 a to establish safeguards to ensure that intercountry adoptions take 23 place in the best interests of the child and with respect for his or 24 her fundamental rights as recognised in international law; 25 b to establish a system of cooperation amongst Contracting States 26 to ensure that those safeguards are respected and thereby prevent 27 the abduction, the sale of, or traffic in children; 28 c to secure the recognition in Contracting States of adoptions made 29 in accordance with the Convention. 30

 


 

s 28 21 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 2 1 1 The Convention shall apply where a child habitually resident in one 2 Contracting State (`the State of origin') has been, is being, or is to be moved 3 to another Contracting State (`the receiving State') either after his or her 4 adoption in the State of origin by spouses or a person habitually resident in 5 the receiving State, or for the purposes of such an adoption in the receiving 6 State or in the State of origin. 7 2 The Convention covers only adoptions which create a permanent 8 parent-child relationship. 9 Article 3 10 The Convention ceases to apply if the agreements mentioned in 11 Article 17, sub-paragraph c, have not been given before the child attains the 12 age of eighteen years. 13 CHAPTER II--REQUIREMENTS FOR 14 INTERCOUNTRY ADOPTIONS 15 Article 4 16 An adoption within the scope of the Convention shall take place only if 17 the competent authorities of the State of origin-- 18 a have established that the child is adoptable; 19 b have determined, after possibilities for placement of the child 20 within the State of origin have been given due consideration, that 21 an intercountry adoption is in the child's best interests; 22 c have ensured that 23 (1) the persons, institutions and authorities whose consent is 24 necessary for adoption, have been counselled as may be 25

 


 

s 28 22 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment necessary and duly informed of the effects of their consent, 1 in particular whether or not an adoption will result in the 2 termination of the legal relationship between the child and 3 his or her family of origin, 4 (2) such persons, institutions and authorities have given their 5 consent freely, in the required legal form, and expressed or 6 evidenced in writing, 7 (3) the consents have not been induced by payment or 8 compensation of any kind and have not been withdrawn, and 9 (4) the consent of the mother, where required, has been given 10 only after the birth of the child; and 11 d have ensured, having regard to the age and degree of maturity of 12 the child, that 13 (1) he or she has been counselled and duly informed of the 14 effects of the adoption and of his or her consent to the 15 adoption, where such consent is required, 16 (2) consideration has been given to the child's wishes and 17 opinions, 18 (3) the child's consent to the adoption, where such consent is 19 required, has been given freely, in the required legal form, 20 and expressed or evidenced in writing, and 21 (4) such consent has not been induced by payment or 22 compensation of any kind. 23 Article 5 24 An adoption within the scope of the convention shall take place only if 25 the competent authorities of the receiving State-- 26 a have determined that the prospective adoptive parents are eligible 27 and suited to adopt; 28 b have ensured that the prospective adoptive parents have been 29 counselled as may be necessary; and 30

 


 

s 28 23 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment c have determined that the child is or will be authorised to enter and 1 reside permanently in that State. 2 CHAPTER III--CENTRAL AUTHORITIES AND 3 ACCREDITED BODIES 4 Article 6 5 1 A Contracting State shall designate a Central Authority to discharge the 6 duties which are imposed by the Convention upon such authorities. 7 2 Federal States, States with more than one system of law or States 8 having autonomous territorial units shall be free to appoint more than one 9 Central Authority and to specify the territorial or personal extent of their 10 functions. Where a State has appointed more than one Central Authority, it 11 shall designate the Central Authority to which any communication may be 12 addressed for transmission to the appropriate Central Authority within that 13 State. 14 Article 7 15 1 Central Authorities shall cooperate with each other and promote 16 cooperation amongst the competent authorities in their States to protect 17 children and to achieve the other objects of the Convention. 18 2 They shall take directly all appropriate measures to-- 19 a provide information as to the laws of their States concerning 20 adoption and other general information, such as statistics and 21 standard forms; 22 b keep one another informed about the operation of the Convention 23 and, as far as possible, eliminate any obstacles to its application. 24

 


 

s 28 24 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 8 1 Central Authorities shall take, directly or through public authorities, all 2 appropriate measures to prevent improper financial or other gain in 3 connection with an adoption and to deter all practices contrary to the objects 4 of the Convention. 5 Article 9 6 Central Authorities shall take, directly or through public authorities or 7 other bodies duly accredited in their State, all appropriate measures, in 8 particular to-- 9 a collect, preserve and exchange information about the situation of 10 the child and the prospective adoptive parents, so far as is 11 necessary to complete the adoption; 12 b facilitate, follow and expedite proceedings with a view to 13 obtaining the adoption; 14 c promote the development of adoption counselling and 15 post-adoption services in their States; 16 d provide each other with general evaluation reports about 17 experience with intercountry adoption; 18 e reply, in so far as is permitted by the law of their State, to justified 19 requests from other Central Authorities or public authorities for 20 information about a particular adoption situation. 21 Article 10 22 Accreditation shall only be granted to and maintained by bodies 23 demonstrating their competence to carry out properly the tasks with which 24 they may be entrusted. 25

 


 

s 28 25 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 11 1 An accredited body shall-- 2 a pursue only non-profit objectives according to such conditions 3 and within such limits as may be established by the competent 4 authorities of the State of accreditation; 5 b be directed and staffed by persons qualified by their ethical 6 standards and by training or experience to work in the field of 7 intercountry adoption; and 8 c be subject to supervision by competent authorities of that State as 9 to its composition, operation and financial situation. 10 Article 12 11 A body accredited in one Contracting State may act in another 12 Contracting State only if the competent authorities of both States have 13 authorised it to do so. 14 Article 13 15 The designation of the Central Authorities and where appropriate, the 16 extent of their functions, as well as the names and addresses of the 17 accredited bodies shall be communicated by each Contracting State to the 18 Permanent Bureau of the Hague Conference on Private International Law. 19

 


 

s 28 26 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment CHAPTER IV--PROCEDURAL REQUIREMENTS IN 1 INTERCOUNTRY ADOPTION 2 Article 14 3 Persons habitually resident in a Contracting State, who wish to adopt a 4 child habitually resident in another Contracting State, shall apply to the 5 Central Authority in the State of their habitual residence. 6 Article 15 7 1 If the Central Authority of the receiving State is satisfied that the 8 applicants are eligible and suited to adopt, it shall prepare a report including 9 information about their identity, eligibility and suitability to adopt, 10 background, family and medical history, social environment, reasons for 11 adoption, ability to undertake an intercountry adoption, as well as the 12 characteristics of the children for whom they would be qualified to care. 13 2 It shall transmit the report to the Central Authority of the State of 14 origin. 15 Article 16 16 1 If the Central Authority of the State of origin is satisfied that the child is 17 adoptable, it shall-- 18 a prepare a report including information about his or her identity, 19 adoptability, background, social environment, family history, 20 medical history including that of the child's family, and any 21 special needs of the child; 22 b give due consideration to the child's upbringing and to his or her 23 ethnic, religious and cultural background; 24 c ensure that consents have been obtained in accordance with 25 Article 4; and 26

 


 

s 28 27 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment d determine, on the basis in particular of the reports relating to the 1 child and the prospective adoptive parents, whether the envisaged 2 placement is in the best interests of the child. 3 2 It shall transmit to the Central Authority of the receiving State its report 4 on the child, proof that the necessary consents have been obtained and the 5 reasons for its determination on the placement, taking care not to reveal the 6 identity of the mother and the father if, in the State of origin, these identities 7 may not be disclosed. 8 Article 17 9 Any decision in the State of origin that a child should be entrusted to 10 prospective adoptive parents may only be made if-- 11 a the Central Authority of that State has ensured that the prospective 12 adoptive parents agree; 13 b the Central Authority of the receiving State has approved such 14 decision, where such approval is required by the law of that State 15 or by the Central Authority of the State of origin; 16 c the Central Authorities of both States have agreed that the 17 adoption may proceed; and 18 d it has been determined, in accordance with Article 5, that the 19 prospective adoptive parents are eligible and suited to adopt and 20 that the child is or will be authorised to enter and reside 21 permanently in the receiving State. 22 Article 18 23 The Central Authorities of both States shall take all necessary steps to 24 obtain permission for the child to leave the State of origin and to enter and 25 reside permanently in the receiving State. 26

 


 

s 28 28 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 19 1 1 The transfer of the child to the receiving State may only be carried out 2 if the requirements of Article 17 have been satisfied. 3 2 The Central Authorities of both States shall ensure that this transfer 4 takes place in secure and appropriate circumstances and, if possible, in the 5 company of the adoptive or prospective adoptive parents. 6 3 If the transfer of the child does not take place, the reports referred to in 7 Articles 15 and 16 are to be sent back to the authorities who forwarded 8 them. 9 Article 20 10 The Central Authorities shall keep each other informed about the 11 adoption process and the measures taken to complete it, as well as about the 12 progress of the placement if a probationary period is required. 13 Article 21 14 1 Where the adoption is to take place after the transfer of the child to the 15 receiving State and it appears to the Central Authority of that State that the 16 continued placement of the child with the prospective adoptive parents is not 17 in the child's best interests, such Central Authority shall take the measures 18 necessary to protect the child, in particular-- 19 a to cause the child to be withdrawn from the prospective adoptive 20 parents and to arrange temporary care; 21 b in consultation with the Central Authority of the State of origin, to 22 arrange without delay a new placement of the child with a view to 23 adoption or, if this is not appropriate, to arrange alternative 24 long-term care; an adoption shall not take place until the Central 25 Authority of the State of origin has been duly informed 26 concerning the new prospective adoptive parents; 27

 


 

s 28 29 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment c as a last resort, to arrange the return of the child, if his or her 1 interests so require. 2 2 Having regard in particular to the age and degree of maturity of the 3 child, he or she shall be consulted and, where appropriate, his or her consent 4 obtained in relation to measures to be taken under this Article. 5 Article 22 6 1 The functions of a Central Authority under this Chapter may be 7 performed by public authorities or by bodies accredited under Chapter III, 8 to the extent permitted by the law of its State. 9 2 Any Contracting State may declare to the depositary of the Convention 10 that the functions of the Central Authority under Articles 15 to 21 may be 11 performed in that State, to the extent permitted by the law and subject to the 12 supervision of the competent authorities of that State, also by bodies or 13 person who-- 14 a meet the requirements of integrity, professional competence, 15 experience and accountability of that State; and 16 b are qualified by their ethical standards and by training or 17 experience to work in the field of intercountry adoption. 18 3 A Contracting State which makes the declaration provided for in 19 paragraph 2 shall keep the Permanent Bureau of the Hague Conference on 20 Private International Law informed of the names and addresses of these 21 bodies and persons. 22 4 Any Contracting State may declare to the depositary of the Convention 23 that adoptions of children habitually resident in its territory may only take 24 place if the functions of the Central Authorities are performed in accordance 25 with paragraph 1. 26 5 Notwithstanding any declaration made under paragraph 2, the reports 27 provide for in Articles 15 and 16 shall, in every case, be prepared under the 28 responsibility of the Central Authority or other authorities or bodies in 29 accordance with paragraph 1. 30

 


 

s 28 30 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment CHAPTER V--RECOGNITION AND EFFECTS OF 1 THE ADOPTION 2 Article 23 3 1 An adoption certified by the competent authority of the State of the 4 adoption as having been made in accordance with the Convention shall be 5 recognised by operation of law in the other Contracting States. The 6 certificate shall specify when and by whom the agreements under 7 Article 17, sub-paragraph c, were given. 8 2 Each Contracting State shall, at the time of signature, ratification, 9 acceptance, approval or accession, notify the depositary of the Convention 10 of the identity and the functions of the authority or the authorities which, in 11 that State, are competent to make the certification. It shall also notify the 12 depositary of any modification in the designation of these authorities. 13 Article 24 14 The recognition of an adoption may be refused in a Contracting State 15 only if the adoption is manifestly contrary to its public policy, taking into 16 account the best interests of the child. 17 Article 25 18 Any Contracting State may declare to the depositary of the Convention 19 that it will not be bound under this Convention to recognise adoptions made 20 in accordance with an agreement concluded by application of Article 39, 21 paragraph 2. 22

 


 

s 28 31 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 26 1 1 The recognition of an adoption includes recognition of-- 2 a the legal parent-child relationship between the child and his or her 3 adoptive parents; 4 b parental responsibility of the adoptive parents for the child; 5 c the termination of a pre-existing legal relationship between the 6 child and his or her mother and father, if the adoption has this 7 effect in the Contracting State where it was made. 8 2 In the case of an adoption having the effect of terminating a 9 pre-existing legal parent-child relationship, the child shall enjoy in the 10 receiving State, and in any other Contracting State where the adoption is 11 recognised, rights equivalent to those resulting from adoptions having this 12 effect in each such State. 13 3 The preceding paragraphs shall not prejudice the application of any 14 provision more favourable for the child, in force in the Contracting State 15 which recognises the adoption. 16 Article 27 17 1 Where an adoption granted in the State of origin does not have the 18 effect of terminating a pre-existing legal parent-child relationship, it may, in 19 the receiving State which recognises the adoption under the Convention, be 20 converted into an adoption having such an effect-- 21 a if the law of the receiving State so permits; and 22 b if the consent referred to in Article 4, sub-paragraphs c and d, 23 have been or are given for the purpose of such an adoption. 24 2 Article 23 applies to the decision converting the adoption. 25

 


 

s 28 32 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment CHAPTER VI--GENERAL PROVISIONS 1 Article 28 2 The Convention does not affect any law of a State of origin which 3 requires that the adoption of a child habitually resident within that State take 4 place in that State or which prohibits the child's placement in, or transfer to, 5 the receiving State prior to adoption. 6 Article 29 7 There shall be no contact between the prospective adoptive parents and 8 the child's parents or any other person who has care of the child until the 9 requirements of Article 4, sub-paragraphs a to c, and Article 5, 10 sub-paragraph a, have been met, unless the adoption takes place within a 11 family or unless the contact is in compliance with the conditions established 12 by the competent authority of the State of origin. 13 Article 30 14 1 The competent Authorities of a Contracting State shall ensure that 15 information held by them concerning the child's origin, in particular 16 information concerning the identity of his or her parents, as well as the 17 medical history, is preserved. 18 2 They shall ensure that the child or his or her representative has access 19 to such information, under appropriate guidance, in so far as is permitted by 20 the law of that State. 21

 


 

s 28 33 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 31 1 Without prejudice to Article 30, personal data gathered or transmitted 2 under the Convention, especially data referred to in Articles 15 and 16, shall 3 be used only for the purposes for which they were gathered or transmitted. 4 Article 32 5 1 No one shall derive improper financial or other gain from an activity 6 related to an intercountry adoption. 7 2 Only costs and expenses, including reasonable professional fees of 8 person involved in the adoption, may be charged or paid. 9 3 The directors, administrators and employees of bodies involved in an 10 adoption shall not receive remuneration which is unreasonably high in 11 relation to services rendered. 12 Article 33 13 A competent authority which finds that any provision of the Convention 14 has not been respected or that there is a serious risk that it may not be 15 respected, shall immediately inform the Central Authority of its State. This 16 Central Authority shall be responsible for ensuring that appropriate 17 measures are taken. 18 Article 34 19 If the competent authority of the State of destination of a document so 20 requests, a translation certified as being in conformity with the original must 21 be furnished. Unless otherwise provided, the costs of such translation are to 22 be borne by the prospective adoptive parents. 23

 


 

s 28 34 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 35 1 The competent authorities of the Contracting States shall act 2 expeditiously in the process of adoption. 3 Article 36 4 In relation to a State which has two or more systems of law with regard 5 to adoption applicable in different territorial units-- 6 a any reference to habitual residence in that State shall be construed 7 as referring to habitual residence in a territorial unit of that State; 8 b any reference to the law of that State shall be construed as 9 referring to the law in force in the relevant territorial unit; 10 c any reference to the competent authorities or to be public 11 authorities of that State shall be construed as referring to those 12 authorised to act in the relevant territorial unit; 13 d any reference to the accredited bodies of that State shall be 14 construed as referring to bodies accredited in the relevant 15 territorial unit. 16 Article 37 17 In relation to a State which with regard to adoption has two or more 18 systems of law applicable to different categories of person, any reference to 19 the law of that State shall be construed as referring to the legal system 20 specified by the law of that State. 21

 


 

s 28 35 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 38 1 A State within which different territorial units have their own rules of law 2 in respect of adoption shall not be bound to apply the Convention where a 3 State with a unified system of law would not be bound to do so. 4 Article 39 5 1 The Convention does not affect any international instrument to which 6 Contracting States are Parties and which contains provisions on matters 7 governed by the Convention, unless a contrary declaration is made by the 8 States Parties to such instrument. 9 2 Any Contracting State may enter into agreements with one or more 10 other Contracting States, with a view to improving the application of the 11 Convention in their mutual relations. These agreements may derogate only 12 from the provisions of Articles 14 to 16 and 18 to 21. The States which 13 have concluded such an agreement shall transmit a copy to the depositary of 14 the Convention. 15 Article 40 16 No reservation to the Convention shall be permitted. 17 Article 41 18 The Convention shall apply in every case where an application pursuant 19 to Article 14 has been received after the Convention has entered into force in 20 the receiving State and the State of origin. 21

 


 

s 28 36 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 42 1 The Secretary General of the Hague Conference on Private International 2 Law shall at regular intervals convene a Special Commission in order to 3 review the practical operation of the Convention. 4 CHAPTER VII--FINAL CLAUSES 5 Article 43 6 1 The Convention shall be open for signature by the States which were 7 Members of the Hague Conference on Private International Law at the time 8 of its Seventeenth Session and by the other States which participated in that 9 Session. 10 2 It shall be ratified, accepted or approved and the instruments of 11 ratification, acceptance or approval shall be deposited with the Ministry of 12 Foreign Affairs of the Kingdom of the Netherlands, depositary of the 13 Convention. 14 Article 44 15 1 Any other State may accede to the Convention after it has entered into 16 force in accordance with Article 46, paragraph 1. 17 2 The instrument of accession shall be deposited with the depositary. 18 3 Such accession shall have effect only as regards the relations between 19 the acceding State and those Contracting States which have not raised an 20 objection to its accession in the six months after the receipt of the 21 notification referred to in sub-paragraph b of Article 48. Such an objection 22 may also be raised by States at the time when they ratify, accept or approve 23

 


 

s 28 37 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment the Convention after an accession. Any such objection shall be notified to 1 the depositary. 2 Article 45 3 1 If a State has two or more territorial units in which different systems of 4 law are applicable in relation to matter dealt with in the Convention, it may 5 at the time of signature, ratification, acceptance, approval or accession 6 declare that this Convention shall extend to all its territorial units or only to 7 one or more of them and may modify this declaration by submitting 8 another declaration at any time. 9 2 Any such declaration shall be notified to the depositary and shall state 10 expressly the territorial units to which the Convention applies. 11 3 If a State makes no declaration under this Article, the Convention is to 12 extend to all territorial units of that State. 13 Article 46 14 1 The Convention shall enter into force on the first day of the month 15 following the expiration of three months after the deposit of the third 16 instrument of ratification, acceptance or approval referred to in Article 43. 17 2 Thereafter the Convention shall enter into force-- 18 a for each State ratifying, accepting or approving it subsequently, or 19 acceding to it, on the first day of the month following the 20 expiration of three months after the deposit of its instrument of 21 ratification, acceptance, approval or accession; 22 b for a territorial unit to which the Convention has been extended in 23 conformity with Article 45, on the first day of the month 24 following the expiration of three months after the notification 25 referred to in that Article. 26

 


 

s 28 38 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Article 47 1 1 A State Party to the Convention may denounce it by a notification in 2 writing addressed to the depositary. 3 2 The denunciation takes effect on the first day of the month following 4 the expirations of twelve months after the notification is received by the 5 depositary. Where a longer period for the denunciation to take effect is 6 specified in the notification, the denunciation takes effect upon the expiration 7 of such longer period after the notification is received by the depositary. 8 Article 48 9 The depositary shall notify the States Members of the Hague Conference 10 on Private International Law, the other States which participated in the 11 Seventeenth Session and the States which have acceded in accordance with 12 Article 44, of the following-- 13 a the signatures, ratifications, acceptances and approvals referred to 14 in Article 43; 15 b the accessions and objections raised to accessions referred to in 16 Article 44; 17 c the date on which the Convention enters into force in accordance 18 with Article 46; 19 d the declarations and designations referred to in Articles 22, 23, 25 20 and 45; 21 e the agreements referred to in Article 39; 22 f the denunciations referred to in Article 47. 23 In whereof the undersigned, being duly authorised thereto, have signed this 24 Convention. 25

 


 

s 28 39 s 28 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Done at The Hague, on the twenty-ninth day of May 1993, in the English 1 and French languages, both texts being equally authentic, in a single copy 2 which shall be deposited in the archives of the Government of the Kingdom 3 of the Netherlands, and of which a certified copy shall be sent, through 4 diplomatic channels, to each of the States Members of the Hague 5 Conference on Private International Law at the date of its Seventeenth 6 Session and to each of the other States which participated in that Session.'. 7

 


 

40 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment CHEDULE 1 ¡S AMENDMENTS TO UPDATE REFERENCES TO 2 `DIRECTOR' 3 section 3 4 1. Sections 6 (definitions "adoption list" and "special needs child"), 5 7 (heading), 7(1), 7A(1), 7A(2), 7B, 11(1), 11(2), 12(3), 12(5), 13, 6 13A(1), 13A(4), 13A(5), 13B(1), 13B(1A), 13B(2), 13B(2A), 13B(3), 7 13B(3A), 13B(6), 13B(7), 13B(8), 13C, 13D(1), 13D(2), 14(1), 14(1A), 8 14(2), 14(3), 14B(1), 14B(2), 14B(3), 14B(4), 14C(1), 14C(1A), 14C(3), 9 14D(1), 15, 16(1), 17(1), 17(5), 17(6), 18, 18A, 19(1), 19(7), 21, 22(1), 10 22(2), 23(2), 24(1), 24(2), 24(3), 25(1), 25(1A), 25(2), 25(2A), 25(3), 11 25A, 26(2), 27(1), 27(2), 27(2A), 27(3), 27(4), 27A(1), 27A(3), 27A(4), 12 27A(5), 27A(6), 27A(7), 27B(1), 27B(2), 27B(3), 27B(4), 27C, 29A(2), 13 29A(3), 29A(4), 29A(5), 29A(6), 30(1), 30(2), 33(1), 33(2), 33(3), 34(1), 14 35(1), 38A(1), 38A(2), 38A(3), 39(3), 39AA(3), 39AA(7), 39B(1), 15 39B(2), 39B(3), 39B(4), 39B(5), 39B(6), 39B(7), 39B(8), 39C, 39E(1), 16 41(1), 41(3), 41(4), 43(3), 44(2), 45(1), 46(1), 49, 54(1), 57A(1), 57A(3), 17 59(1), 59(2), 59(4), 59(5), 59(6), 59A(1), 59B, 59C(1), 62A(1), 62A(2), 18 65(1A) (as inserted by section 24 of this Act), `director'-- 19 omit, insert-- 20 `chief executive'. 21 2. Section 6, definition "assessment", `director or the director's 22 delegate'-- 23 omit, insert-- 24 `chief executive'. 25

 


 

41 Adoption of Children (Hague Convention on Intercountry Adoption) Amendment SCHEDULE (continued) 3. Section 13B (heading), `Director's'-- 1 omit, insert-- 2 `Chief executive's'. 3 4. Sections 14(1), 14(2), 15, 18A, 19(7), 27(1), 27(2), 27A(1), 27A(7), 4 27B(1), 29A(3), 38A(2), 41(3), 41(4), 57A(1), 59(2), 62A(1), 65(1A) (as 5 inserted by section 24 of this Act), `director's'-- 6 omit, insert-- 7 `chief executive's'. 8 5. Section 38A (heading), `Director'-- 9 omit, insert-- 10 `Chief executive'. 11 © State of Queensland 1998

 


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