20Effect of certificate

20 Effect of certificate

(1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country: (a) of the child’s habitual residence; or (b) where a measure of protection was taken for the child. (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate: (a) that a person is entitled to act in a capacity in relation to a child; (b) that a person has certain powers in relation to a child. (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.