sec.306Improperly witnessing a consent

### sec.306 Improperly witnessing a consent A person (the witness ) must not witness a person’s form of consent to the adoption of a child if— the form of consent is in the approved form under section 18 and the witness has not sighted the documents prescribed for section 18 (2) (c) ; or the witness knows, or ought to know, the other person— is not the person named in the form of consent; or is not a parent of the child; or does not understand the effect of giving consent and effect of adoption; or does not have capacity to give the consent; or is not giving consent freely and voluntarily; or the witness is not present when the other person signs the form of consent; or the form of consent does not show the correct date for the day on which the consent is given. Maximum penalty—40 penalty units. - (a) the form of consent is in the approved form under section 18 and the witness has not sighted the documents prescribed for section 18 (2) (c) ; or - (b) the witness knows, or ought to know, the other person— (i) is not the person named in the form of consent; or (ii) is not a parent of the child; or (iii) does not understand the effect of giving consent and effect of adoption; or (iv) does not have capacity to give the consent; or (v) is not giving consent freely and voluntarily; or - (i) is not the person named in the form of consent; or - (ii) is not a parent of the child; or - (iii) does not understand the effect of giving consent and effect of adoption; or - (iv) does not have capacity to give the consent; or - (v) is not giving consent freely and voluntarily; or - (c) the witness is not present when the other person signs the form of consent; or - (d) the form of consent does not show the correct date for the day on which the consent is given. - (i) is not the person named in the form of consent; or - (ii) is not a parent of the child; or - (iii) does not understand the effect of giving consent and effect of adoption; or - (iv) does not have capacity to give the consent; or - (v) is not giving consent freely and voluntarily; or