24Action on receipt of foreign property protection measure

24 Action on receipt of foreign property protection measure

24 Action on receipt of foreign property protection measure

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

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

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

(2) The Secretary or NSW Trustee (as the case may be) must consider whether the foreign property protection measure includes a provision directed to protecting the person of the child.

(3) If the Secretary is given a foreign property protection measure that the Secretary considers includes a provision directed to protecting the person of the child, the Secretary must deal with the measure under section 23 as if it were a foreign personal protection measure relating to a child.

(4) If the NSW Trustee is given a foreign property protection measure that the NSW Trustee considers includes a provision directed to protecting the person of the child, the NSW Trustee must provide the Secretary with the measure. The Secretary is then to deal with the measure under section 23 as if it were a foreign personal protection measure relating to a child.

(5) If the Secretary or NSW Trustee (as the case may be) does not consider that the foreign property protection measure includes a provision directed to protecting the person of the child, the Secretary or NSW Trustee must give the measure to a registrar of a New South Wales court for recognition of the measure by registration under section 25.

s 24: Am 2009 No 49, Sch 2.7 [3].