11Request for return of child abducted from Australia

#### 11 Request for return of child abducted from Australia (1) A person, institution or other body that claims under a law in force in Australia to have rights of custody in relation to a child who, in breach of those rights, has been: (a) removed from Australia to a convention country; or (b) retained in a convention country; may request a responsible Central Authority to have the claim sent to the Central Authority in the country to which the child has been removed or in which the child is retained. (2) A request must be: (a) in accordance with a form approved, in writing, by the Minister under subregulation (2A); and (b) in accordance with the Convention. (2A) The Minister may approve a form, in writing, for the purposes of paragraph (2)(a). (3) A State Central Authority that is satisfied that a request received by it complies with subregulation (2) must send the request to the Commonwealth Central Authority. (4) If the Commonwealth Central Authority is satisfied that a request received by it complies with subregulation (2), the Commonwealth Central Authority must, on behalf of the person, institution or other body, take any action required to be taken by a Central Authority under the Convention. (5) A responsible Central Authority that is satisfied that a request received by it does not comply with subregulation (2) may, by notice in writing, refuse to accept the request. (6) A notice under subregulation (5) from the Commonwealth Central Authority must: (a) be sent to the person, institution or other body that made the request; and (b) if the Commonwealth Central Authority received the request from a State Central Authority—be sent to the State Central Authority; and (c) include the reason for the refusal. (7) A notice under subregulation (5) from a State Central Authority must: (a) be sent to the person, institution or other body that made the request; and (b) include the reason for the refusal.