23Action on receipt of foreign personal protection measure

23 Action on receipt of foreign personal protection measure

23 Action on receipt of foreign personal protection measure

(1) This section applies if the Secretary is given either of the following documents, together with a request for the Secretary to take an action under the Child Protection Convention—

(a) a document that is a foreign personal protection measure relating to a child,

(b) a document that, although it is not a foreign personal protection measure relating to a child, states details of a foreign personal protection measure relating to a child.

(2) After consulting with the competent authority of the country in which the foreign personal protection measure was taken, the Secretary must do one of the following—

(a) give the foreign personal protection measure to a registrar of a New South Wales court for recognition of the measure by registration under section 25,

(b) give the foreign personal protection measure to the Commonwealth central authority together with a request for the Commonwealth central authority to take action under the Child Protection Convention, including, for example, registration of the foreign measure under the Family Law Act 1975 of the Commonwealth,

(c) exercise the Secretary’s jurisdiction under Part 2,

(d) apply to a New South Wales court for the court—

(i) to exercise the court’s jurisdiction under Part 2, or

(ii) to decide whether or not the court should refuse recognition of the foreign measure under subsection (3),

(e) agree with the competent authority that the Secretary will not do anything.

(3) A New South Wales court may order that a foreign personal protection measure relating to a child be refused recognition on any of the following grounds—

(a) the competent authority of the Convention country did not have jurisdiction under the Child Protection Convention for taking the foreign personal protection measure,

(b) in taking the foreign personal protection measure, the competent authority of the Convention country is taken to have acted contrary to the fundamental principles of procedure under New South Wales law as mentioned in subsection (4),