ADOPTION ACT 1984 - SECT 119 Payments in consideration of adoptions etc.

ADOPTION ACT 1984 - SECT 119

S. 119(1) amended by No. 69/1989 s. 7(3).

    (1)     Subject to this section, any person who (whether before or after the birth of the child concerned) makes, gives or receives, or agrees to make, give or receive, a payment or reward for or in consideration of—

        (a)     the adoption or proposed adoption of a child;

        (b)     the giving of consent, or the signing of an instrument of consent, to the adoption of the child;

        (c)     the transfer of the possession or custody of a child with a view to the adoption of the child; or

        (d)     the making of arrangements with a view to the adoption of a child—

shall be guilty of an offence and liable—

S. 119(1)(e) inserted by No. 69/1989 s. 7(3).

        (e)     in the case of a body corporate, to a penalty of not more than 500 penalty units; or

S. 119(1)(f) inserted by No. 69/1989 s. 7(3).

        (f)     in any other case, to a penalty of not more than 100 penalty units or to imprisonment for not more than 2 years or both.

    (2)     Subsection (1) does not apply to or in relation to any of the following payments or rewards in connexion with an adoption or proposed adoption under this Act or under the law of another country—

        (a)     a payment of legal expenses;

        (b)     a payment of fees authorized under section 112 or under the regulations;

S. 119(2)(c) amended by No. 46/1998

s. 7(Sch. 1).

        (c)     a payment made by the adoptive parent or adoptive parents, with the approval in writing of the Secretary or with the approval of the Court, in respect of the hospital and medical expenses reasonably incurred in connexion with the birth of the child or the ante-natal or post-natal care and treatment of the mother of the child or of the child;

S. 119(2)(d) amended by No. 46/1998

s. 7(Sch. 1).

        (d)     a payment by the Secretary made in accordance with section 105; or

S. 119(2)(e) amended by No. 46/1998

s. 7(Sch. 1).

        (e)     any other payment or reward authorized by the Secretary or by the Court.

    (3)     Subsection (1) does not apply to or in relation to a payment or reward in connexion with an adoption or proposed adoption under the law of another State or of a Territory if the making of the payment or the giving of the reward or any agreement so to do would have been lawful if it had taken place in that State or that Territory.

No. 7147 s. 48.