QLDIn ForceAct
Child Protection Act 1999
sec.255Existing section 134 declarations
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### sec.255 Existing section 134 declarations
On the day of the commencing day, the chief executive must, by written declaration, assume guardianship of each child the subject of an existing section 134 declaration.
The declaration may assume guardianship of the child for—
if the interstate order for the child states it ends after a stated period—the lesser of—
the remainder of the stated period; or
2 years; or
if the interstate order for the child states it ends when the child turns 18 years—not more than 2 years or, if the child earlier turns 18 years, until the child turns 18 years.
On the making of the declaration, the interstate order is taken to be a child protection order under the terms stated in the declaration.
For subsection (3), the chief executive may declare the interstate order applies to the chief executive’s guardianship to and only to the stated extent, or with the stated changes necessary, to make it consistent with this Act.
To remove any doubt, it is declared that the declaration may be made even if the interstate order has ended before the commencing day.
The declaration is taken—
to be a declaration under section 243; and
to have had effect from the commencing day.
In this section—
interstate order , for a child, means an order made by a court in another State for the child.
s 255 amd 2000 No. 7 s 46
(sec.255-ssec.1) On the day of the commencing day, the chief executive must, by written declaration, assume guardianship of each child the subject of an existing section 134 declaration.
(sec.255-ssec.2) The declaration may assume guardianship of the child for— if the interstate order for the child states it ends after a stated period—the lesser of— the remainder of the stated period; or 2 years; or if the interstate order for the child states it ends when the child turns 18 years—not more than 2 years or, if the child earlier turns 18 years, until the child turns 18 years.
(sec.255-ssec.3) On the making of the declaration, the interstate order is taken to be a child protection order under the terms stated in the declaration.
(sec.255-ssec.4) For subsection (3), the chief executive may declare the interstate order applies to the chief executive’s guardianship to and only to the stated extent, or with the stated changes necessary, to make it consistent with this Act.
(sec.255-ssec.5) To remove any doubt, it is declared that the declaration may be made even if the interstate order has ended before the commencing day.
(sec.255-ssec.6) The declaration is taken— to be a declaration under section 243; and to have had effect from the commencing day.
(sec.255-ssec.7) In this section— interstate order , for a child, means an order made by a court in another State for the child.
- (a) if the interstate order for the child states it ends after a stated period—the lesser of— (i) the remainder of the stated period; or (ii) 2 years; or
- (i) the remainder of the stated period; or
- (ii) 2 years; or
- (b) if the interstate order for the child states it ends when the child turns 18 years—not more than 2 years or, if the child earlier turns 18 years, until the child turns 18 years.
- (i) the remainder of the stated period; or
- (ii) 2 years; or
- (a) to be a declaration under section 243; and
- (b) to have had effect from the commencing day.