Federal Register of Legislation - Australian Government

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SR 2003 No. 340 Regulations as made
These Regulations amend the Family Law (Child Abduction Convention) Regulations 1986.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR10-Feb-2004
Tabled Senate10-Feb-2004
Gazetted 23 Dec 2003
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law (Child Abduction Convention) Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 3402

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General


1              Name of Regulations

                These Regulations are the Family Law (Child Abduction Convention) Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Family Law (Child Abduction Convention) Regulations 1986

                Schedule 1 amends the Family Law (Child Abduction Convention) Regulations 1986.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 10

substitute

10            Convention countries

                Subject to Article 40 of the Convention, each of the following countries is a convention country:

                (a)    a country specified in Schedule 2, being a country:

                          (i)    as between Australia and which the Convention entered into force on the date specified in column 2 in relation to that country; and

                         (ii)    that has acceded to the Convention with reservations in accordance with Article 42 of the Convention in respect of any provisions specified in column 3 in relation to that country;

               (b)    any other country in respect of which the Convention has entered into force for Australia.

[2]           Schedule 2

substitute

Schedule 2        Convention countries

(regulation 10)

Country

Date

Provision(s)

Argentina

1 June 1991

 

Austria

1 October 1988

 

Bahamas

1 September 1994

 

Belarus

1 November 1998

Article 26, third paragraph

Belgium

1 May 1999

 

Belize

1 March 1990

Article 24 and Article 26, third paragraph

Bosnia and Herzegovina

1 December 1991

 

Brazil

1 May 2001

Article 24

Burkina Faso

1 April 1993

 

Canada:

   (a)  all Provinces and Territories not mentioned in paragraphs (b) to (f)

 

1 January 1987

 

Article 26, third paragraph

  (b)  Alberta

1 February 1987

Article 26, third paragraph

   (c)  Manitoba

1 January 1987

 

  (d)  Northwest Territories

1 April 1988

Article 26, third paragraph

   (e)  Nunavut

1 January 2001

Article 26, third paragraph

   (f)  Quebec

1 January 1987

Article 24 and Article 26, third paragraph

Chile

1 November 1994

 

China — in relation only to the following Special Administrative Regions:

 

 

   (a)  Hong Kong

1 September 1997

Article 26, third paragraph

  (b)  Macau

1 March 1999

 

Colombia

1 December 1997

 

Costa Rica

1 May 2000

 

Croatia

1 December 1991

 

Cyprus

1 November 1995

 

Czech Republic

1 March 1998

Article 26, third paragraph

Denmark

1 July 1991

Article 24 and Article 26, third paragraph

Ecuador

1 April 1993

 

El Salvador

1 January 2003

Article 26, third paragraph

Estonia

1 January 2003

Article 24 and Article 26, third paragraph

Fiji

1 May 2000

 

Finland

1 August 1994

Article 24 and Article 26, third paragraph

France — the whole of the territory of the French Republic

1 January 1987

Article 24 and Article 26, third paragraph

Georgia

1 January 1998

 

Germany

1 December 1990

Article 26, third paragraph

Greece

1 June 1993

Article 24 and Article 26, third paragraph

Honduras

1 September 1994

Article 26, third paragraph

Hungary

1 March 1988

 

Iceland

1 December 1997

Article 24 and
Article 26, third paragraph

Ireland

1 October 1991

 

Israel

1 December 1991

Article 26, third paragraph

Italy

1 May 1995

 

Latvia

1 January 2003

Article 24

Luxembourg

1 January 1987

Article 26, third paragraph

Malta

1 May 2001

 

Mauritius

1 January 1994

Article 26, third paragraph

Mexico

1 June 1992

 

Moldova

1 November 1998

Article 26, third paragraph

Monaco

1 January 1994

Article 26, third paragraph

Netherlands

1 September 1990

Article 26, third paragraph

New Zealand

1 June 1992

Article 24 and Article 26, third paragraph

Norway

1 April 1989

Article 24 and Article 26, third paragraph

Panama

1 September 1994

Article 26, third paragraph

Paraguay

1 April 1999

 

Peru

1 January 2003

 

Poland

1 January 1994

Article 26, third paragraph

Portugal

1 January 1987

 

Romania

1 January 1994

 

Saint Kitts and Nevis

1 November 1995

Article 26, third paragraph

Serbia and Montenegro

1 December 1991

 

Slovakia

1 February 2001

Article 26, third paragraph

Slovenia

1 November 1994

 

South Africa

1 January 1998

Article 24 and Article 26, third paragraph

Spain

1 October 1987

 

Sri Lanka

1 January 2003

Article 24 and Article 26, third paragraph

Sweden

1 June 1989

Article 26, third paragraph

Switzerland

1 January 1987

 

The former Yugoslav Republic of Macedonia

1 December 1991

 

Trinidad and Tobago

1 May 2001

 

Turkey

1 August 2000

Article 26, third paragraph

Turkmenistan

1 November 1998

 

United Kingdom of Great Britain and Northern Ireland —
extended to include the following territories:

1 January 1987

Article 26, third paragraph

   (a)  Bermuda

1 March 1999

Article 26, third paragraph

  (b)  Cayman Islands

1 August 1988

Article 26, third paragraph

   (c)  Falkland Islands

1 June 1998

Article 26, third paragraph

  (d)  Isle of Man

1 September 1991

Article 26, third paragraph

   (e)  Montserrat

1 March 1999

Article 26, third paragraph

United States of America

1 July 1988

Article 24 and Article 26, third paragraph

Uruguay

1 May 2001

 

Uzbekistan

1 May 2001

Article 26, third paragraph

Venezuela

1 January 1997

Article 24 and Article 26, third paragraph

Zimbabwe

1 April 1996

Article 26, third paragraph

Notes

1.       These Regulations amend Statutory Rules 1986 No. 85, as amended by 1989 No. 206; 1990 No. 37; 1992 Nos. 34 and 159; 1993 Nos. 263 and 358; 1994 Nos. 252, 275 and 344; 1995 Nos. 296 and 334; 1996 No. 74; 1997 Nos. 98, 292, 315 and 347; 1998 Nos. 59, 340 and 341; 1999 No. 222; 2000 Nos. 208 and 275; 2002 No. 110.

2.       Notified in the Commonwealth of Australia Gazette on 23 December 2003.