76Interpretation of Part 8

### 76 Interpretation of Part 8 > [*\[Section 76 Substituted by No. 78 of 1999, s. 5, Applied:01 Jul 2000\]*](/view/html/inforce/2000-07-01/act-1999-078#GS5@EN) > > > (1)  In this Part, unless the contrary intention appears – > > > > > ***child protection order*** means a final order made under a child welfare law that gives responsibility in relation to the guardianship, custody or supervision of a child (however that responsibility is described) to – > > > > > > > > (a) a government department or statutory authority; or > > > > > > > > > (b) a person who is the head or chief executive of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority; or > > > > > > > > > (c) an organisation or the chief executive, however described, of an organisation; > > > > > ***child protection proceeding*** means any proceeding brought in a court under a child welfare law for – > > > > > > > > (a) the making of a finding that a child is in need of protection or any other finding, however described, the making of which is under the child welfare law a prerequisite to the exercise by the court of a power to make a child protection order; or > > > > > > > > > (b) the making of a child protection order or an interim order or for the variation or revocation, or the extension of the period, of such an order; > > > > > ***child welfare law*** means – > > > > > > > > (a) [Part 5](#HP5@EN) of this Act; and > > > > > > > > > (b) a law of another State that, under a notice made under [subsection (2)](#GS76@Gs2@EN) and in force, is a child welfare law for the purposes of this Part; and > > > > > > > > > (c) a law of another State that substantially corresponds to [Part 5](#HP5@EN) ; > > > > > ***Children's Court*** in relation to – > > > > > > > > (a) Tasmania means the Court; and > > > > > > > > > (b) a State other than Tasmania, means the court with jurisdiction to hear and determine a child protection proceeding at first instance; > > > > > ***home order*** means a child protection order made, or taken to have been made, under [Part 5](#HP5@EN) ; > > > > > ***interim order*** means – > > > > > > > > (a) an order made under [section 77Q](#GS77Q@EN) ; and > > > > > > > > > (b) an equivalent order made under an interstate law; > > > > > ***interstate law*** means – > > > > > > > > (a) a law of another State that, under a notice made under [subsection (3)](#GS76@Gs3@EN) and in force, is an interstate law for the purposes of this Part; and > > > > > > > > > (b) a law of another State that substantially corresponds to this Part; > > > > > ***interstate officer***, in relation to a State other than Tasmania, means – > > > > > > > > (a) the holder of an office or position that, under a notice made under [subsection (4)](#GS76@Gs4@EN) and in force, is an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Part; and > > > > > > > > > (b) the person holding the office or position to which there is given by or under the child welfare law of that State principal responsibility for the protection of children in that State; > > > > > ***participating State*** means a State in which an interstate law is in force; > > > > > ***sending State*** means the State from which a child protection order or proceeding is transferred under this Part or an interstate law; > > > > > ***State*** includes a Territory and New Zealand. > > > (2)  The Minister, by notice published in the *Gazette*, may declare a law of another State to be a child welfare law for the purposes of this Part if satisfied that the law substantially corresponds to [Part 5](#HP5@EN) of this Act. > > > (3)  The Minister, by notice published in the *Gazette*, may declare a law of another State to be an interstate law for the purposes of this Part if satisfied that the law substantially corresponds to this Part. > > > (4)  The Minister, by notice published in the *Gazette*, may declare an office or position in another State to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Part.