Adoption Amendment (Hague Convention and Intercountry Adoption) Act 1999

Adoption Amendment (Hague Convention and Intercountry Adoption) Act 1999

An Act to amend the Adoption Act 1988

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Adoption Amendment (Hague Convention and Intercountry Adoption) Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Adoption Act 1988 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of agency in subsection (1) :

agreement country means a prescribed overseas jurisdiction within the meaning of the Family Law (Bilateral Agreements–Intercountry Adoption) Regulations 1998 of the Commonwealth, as amended from time to time;

(b) by inserting the following definition after the definition of child in subsection (1) :

convention country has the meaning given by section 3A ;

(c) by inserting "territorial unit or other" after "includes a" in the definition of country in subsection (1) ;

(d) by inserting the following definition after the definition of guardian in subsection (1) :

Hague convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption made at The Hague on 29 May 1993, as amended from time to time;

(e) by inserting the following definition after the definition of non-citizen child in subsection (1) :

non-convention or non-agreement country means a country other than –

(a) Australia; and

(b) New Zealand; and

(c) a convention country; and

(d) an agreement country;

(f) by inserting the following subsection after subsection (3) :

(4)  A reference in this Act to an article of the Hague convention is a reference to that convention as made on 29 May 1993.

5.    Section 3A inserted

After section 3 of the Principal Act , the following section is inserted in Part I:

3A.   Meaning of "convention country"

(1)  A convention country is a country for which the Hague convention has entered into force under article 46 of the Hague convention, other than –

(a) Australia; and

(b) New Zealand; and

(c) a country to whose accession Australia has raised an objection under article 44 of the Hague convention.

(2)  Subsection (1) applies to a country subject to a declaration under article 45 of the Hague convention.

6.    Section 59 substituted

Section 59 of the Principal Act is repealed and the following section is substituted:

59.   Recognition of Australian and certain foreign adoptions

(1)  In this section,

prescribed place means –

(a) another State; and

(b) a Territory; and

(c) New Zealand; and

(d) a convention country; and

(e) an agreement country.

(2)  The adoption of a person which occurred –

(a) before or after the commencement of this section; and

(b) in a place that was a prescribed place at the time of the adoption; and

(c) in accordance with the law of that place at that time –

has, so long as the adoption has not been rescinded under the law in force in that place, the same effect as an adoption order made under this Act and has no other effect.

7.    Section 60 amended (Recognition of foreign adoptions)

Section 60 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "country, other than New Zealand, outside Australia," and substituting "non-convention or non-agreement country";

(b) by omitting from subsection (2) "country" first occurring and substituting "non-convention or non-agreement country";

(c) by omitting from subsection (3) "country, other than New Zealand, outside Australia" and substituting "non-convention or non-agreement country";

(d) by omitting from subsection (6) "country, other than New Zealand, outside Australia" and substituting "non-convention or non-agreement country".

8.    Section 61 amended (Declarations of validity of foreign adoptions)

Section 61(2) of the Principal Act is amended by omitting "country, other than New Zealand, outside Australia," and substituting "non-convention or non-agreement country".

[Second reading presentation speech made in:

House of Assembly on 18 MARCH 1999

Legislative Council on 1 APRIL 1999]