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ADOPTION OF CHILDREN LEGISLATION AMENDMENT (EQUALITY) ACT 2018 (NO 4 OF 2018) - SCHEDULE 1

Schedule 1     Act further amended

section 9

Provision

Amendment


omit

insert

section 4(1)

, by instrument in writing,

his or her


the Minister's

section 9

, under and in accordance with this Act,


section 9(a) and (b), at the end


and

section 9(b)

such a

the

section 9(c)

him or her

the child

section 9(d)

his or her

he or she

the Minister's

the Minister

section 12(1)(b)

his, her or


section 12(2)

shall

within the meaning of the De Facto Relationship Act

must

section 12(3)

notwithstanding that

even if

section 14(1)

shall

must

section 14(2)

referred to

all words from "is married" to "marriage"

his or her

mentioned

has a spouse

the person's

section 15, heading

, &c.

or relative

section 15(1)(a) and (b), at the end


or

section 15(1)(d)

his or her

the relative's

section 15(2)

referred to

all words from "is married" to "marriage"

his or her

mentioned

has a spouse

the person's

section 15(3)

shall

referred to

may

mentioned

section 15(3)(a)

of the Commonwealth

(Cth)

section 15(3)(a), at the end


and

section 15(4)

Where

deemed

notwithstanding

If

taken

despite

section 15(4)(a) to (c), at the end


and

section 19

Where

of the Commonwealth

by him or her

If

section 20

shall

his or her

must

the Minister's

section 21(1)

Where

shall

his or her
(all references)

If

must

the Minister's

section 21(2)

shall cause records to be kept

must keep records

section 22

his, her or their

his or her

him, her or them

the person's or couple's

the

the person or couple

section 25

shall

must

section 25(a)

his or her

the Minister's

section 27(1)

his or her

before:

the child's

before the earlier of the following:

section 27(1)(a)

or


section 27(1)(b)

35,

35.

section 27(1)

whichever is the earlier.


section 27(3)

Where

If

section 28(1)

his or her
(first reference)

shall

his or her
(second reference)

the child's

must

section 28(2)

pursuant to

he or she

his or her

under

the birth parent

the birth parent's

section 28(3)

referred to

shall

mentioned

must

section 28(3)(a) and (b)

his or her

the birth parent's

section 28(3)(b)

Act ,

all words from "as the" to "required."

Act .

after section 28(3)


(3A)     If the birth parent mentioned in subsection (2) does not comply with subsection (3), the birth parent's consent to the adoption is not required.

section 28(4)

Where

referred to

his or her
(all references)

If

mentioned

the birth parent's

section 28(5)

referred to

where

shall

mentioned

if

must

section 30(1)

shall

he or she

must

the person

section 30(2)

referred to

shall

mentioned

must

section 32

Where:

If:

section 32(a)

of the Commonwealth

Minister;

Minister; and

section 32(b)

his or her

by writing under his hand

the officer's

in writing

section 32(c)

Territory,

Territory;

section 32

to be deemed

taken

section 35

where

if

section 35(a) and (c), at the end


or

section 35(b)

the question whether he or she should give his or her consent;

whether to give consent; or

section 37

Where

of the Commonwealth (first reference)

of the Commonwealth (second reference)

If


(Cth)

section 37, after "the non-citizen child"


, for so long as the Territory is the normal place of residence of the child

section 37(a)

shall

is to

section 37(b)

shall

apply

he or she

Territory of the Commonwealth,

applies

the child

Territory.

section 37

for so long as the Territory is the normal place of residence of the child.


section 39(1)

Where

referred to

shall give to

notice in writing of his or her

If

mentioned

must give

written notice of the

section 39(2)

referred to

shall

notice in writing

mentioned

must

written notice

section 39(2)(a)

he or she
(all references)

his or her

the person

section 39(2)(b)

Minister,

Minister;

section 39(2)

his or her

he or she

the person's

the person

section 39(3)

shall

referred to

must

mentioned

section 39(5)

Notwithstanding this section, where

referred to

If

mentioned

section 40(1)

Where

If

section 40(1)(b)

his or her

the person's

section 40(2)

Notwithstanding subsection (1), where

If

section 53(1)

where:

if:

section 53(1)(a) and (b), at the end


and

section 53(1)(d)

Territory,

Territory;

section 53(1)

of the arrival of the child

the child arrives

section 53(2)

Where

of the Commonwealth

If

section 53(3)

his or her

shall

the Minister's

does

Part 5, heading

, &c.


section 54(1)

shall
(all references)

cause

be sent to

must

send

section 54(1)(a)

him or her

Register of Adoptions

the Registrar

Register of Adoptions

section 54(1)(b)

him or her, make such

he or she

the Registrar, make any

the Registrar

section 54(2)

Where

his or her

having the

him or her

If

the Registrar's

who has

the Registrar

section 54(3)

Upon

all words from "to him" to "discretion"

On

to the Registrar of Births, Deaths and Marriages under subsection (2), the Registrar may, in the Registrar's discretion

section 54(3)(b)

him or her, make such

he or she

the Registrar, make any

the Registrar

section 54(4)

all words from "such" to "herself"

any enquiries the Registrar thinks appropriate to satisfy the Registrar

section 54(5)

having in his or her custody or control

shall
(first reference)

shall assist him or her in his or her

pursuant to

who has custody or control of

must

must assist the Registrar with all

under

section 55(1)

all words from "Where" to "forwarded"

If an order is made under section 52, a registrar must forward a copy of the order

section 55(2)

Where

county

notice in the Gazette pursuant to

of the Commonwealth

If

country

Gazette notice under

section 55(2)(b)

shall

causing the certificate to be prepared, cause

to be forwarded

must

preparing the certificate, forward

section 55(3)

Upon

shall

On

must

section 55(3)(a)

kept by him or her


section 55(3)(b)

him or her, make such

he or she

the Registrar, make any

the Registrar

section 57

Where

of the Commonwealth

such an

he or she shall

If

an adoption

the Registrar must

section 57(a)

kept by him or her


section 57(b)

such

him or her

he or she thinks fit.

any

the Registrar

the Registrar thinks appropriate.

section 59

shall, in such

he or she

or cause to be kept and maintained,

must, in any

the Minister

section 62(1)

Where

shall

If

must

section 62(1)(a) and (b)

he or she specifies

specified

section 62(1)(b)

where

if

section 62(1)(c)

pursuant to

under

section 62(2)

shall

must

section 62(2)(a)

in pursuance of

under

section 62(3)

shall

where he or she

must

if the Minister

section 62(4)

where he or she thinks fit:

if the Minister thinks appropriate:

section 62(4)(a)

such
(all references)


section 63(1)

shall

he or she

must

the person

section 64(1)

where

referred to

shall

if

mentioned

must

section 64(2)

shall not

his or her relinquishing parents except where his or her

is not entitled to

the person's relinquishing parents except if the person's

section 65(1)

Where

If

section 65(1)(a)

his or her
(first and second references)

he or she

his or her application for information;

the adopted person's

the adopted person

the application for information; and

section 65(1)(b)

all words from "shall" to "identifies"

his, her or

must not identify

section 65(1)(c)

he or she

where

all words from "shall" to "identifies"

his, her or their whereabouts,

the relinquishing parent

if

must not identify

their whereabouts;

section 65(1)

shall

must

section 65(2)

referred to

will disallow

him or her

mentioned

disallows

the relinquishing parent or adopted person

section 65(3)

Where

shall

If

must

section 65(4)

shall remain

shall not

remains

must not

section 66(1)

Where

shall

If

must

section 66(2)

shall

he or she

must

the Minister

section 68, heading

, &c.,


section 68(1)

shall

must

section 68(1), at the end


Maximum penalty:     40 penalty units.

section 68(2)

shall

where he or she

must

if the person

section 72(1)

shall

his or her
(all references)

he or she
(all references)

him or her

must

the person's

the person

the person

section 72(2)(a) and (b)

his or her
(all references)

court;

the person's

court; or

section 72(2)(c)

such

the

section 72(2)(d)

such purposes or such persons as

a purpose or to a person that

section 73, heading

, &c.,


section 73(1)

shall

his or her
(all references)

must

the person's

section 73(2)

where

if

section 74(1)(b)

child,

child;

section 74(2)(a) and (b), at the end


or

section 74(2)(d)

his or her

the relative's

section 76, heading

Personation

Impersonation

section 76

shall not personate

himself or herself to be

of the Commonwealth

must not impersonate

that the person is

section 77

shall

his or her

a person

must

the person's

another person (the signatory )

section 77(a)

he or she

person signing the consent;

the person

signatory; and

section 77(b)

whole paragraph

    (b)     the person takes the prescribed steps to satisfy the person that the signatory understands the effect of the consent; and

section 77(c)

he or she subscribed

the person signed the person's

section 83

shall

of the Commonwealth

him or her, he or she

is to

the person, the person

section 85, heading

, &c.,

and other

section 85

his or her

such

as the Minister determines

the Minister's

the

determined by the Minister



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