7Jurisdiction

7 Jurisdiction

(1) The Court shall not make an order for the adoption of a child unless—

(a) at the time of the filing in the Court of the application for the order—

(i) the applicant or (in the case of joint applicants) each of the applicants, was resident or domiciled in Victoria; and

(ii) the child was present in Victoria; or

S. 7(1)(b) amended by No. 46/1998

(b) the child was born in Victoria and at the time of the filing in the Court of the application for the order was under the guardianship of the Secretary or the principal officer of an approved agency.

S. 7(2) amended by No. 46/1998

(2) For the purposes of subsection (1), where the Court is satisfied that an applicant was resident or domiciled in Victoria, that a child was present in Victoria or that a child was under the guardianship of the Secretary or a principal officer, on a date within 21 days before the date on which an application was filed in the Court, the Court may, in the absence of evidence to the contrary, presume that the applicant was resident or domiciled in Victoria, that the child was present in Victoria or that the child was under the guardianship of the Secretary or principal officer, as the case may be, at the time of the filing in the Court of the application.

S. 7(3) inserted by No. 32/2000 s. 5(2).

(3) This section does not apply in respect of an order for the adoption of a child under Division 1 of Part IVA.

No. 7147 s. 7.