69Payments in consideration of adoptions, &c.

69 Payments in consideration of adoptions, &c. (1) Subject to this section, a person shall not, whether before or after the birth of a child, make, give or receive, or agree to make, give or receive, a payment or reward for or in consideration of: (a) the adoption or proposed adoption of the child; (b) the giving of consent, or the signing of an instrument of consent, to the adoption of a child; (c) the transfer of the control or custody of a child with a view to the adoption of the child; or (d) the making of arrangements with a view to the adoption of a child. Maximum penalty: 40 penalty units. (2) Subsection (1) does not apply to or in relation to any of the following payments or rewards in connection with an adoption or proposed adoption under this Act: (a) a payment of legal expenses; (b) a payment made by the adoptive parent or adoptive parents, with the approval in writing of the Minister or of the Court, in respect of the hospital and medical expenses reasonably incurred in connection with the birth of the child or the ante- natal or post-natal care and treatment of the mother of the child or of the child; and

Part 7 Offences Adoption of Children Act 1994 38 (c) any other payment or reward authorised by the Minister or by the Court. (3) Subsection (1) does not apply to or in relation to a payment or reward in connection with an adoption or proposed adoption under the law of a State or another Territory of the Commonwealth or in an overseas country, if the making of the payment or the giving of the reward, or the agreeing to make the payment or give the reward, would have been lawful if it had taken place in that State or other Territory or overseas country.