Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.73Grounds for discharge
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sec.73 Grounds for discharge
A relevant party for a cultural recognition order may apply to the court for an order (a discharge order ) discharging the cultural recognition order on any of the following grounds— the order was made— because of a false or misleading document or representation; or because a person acted fraudulently or used undue influence on another person; or because a person did not provide full, free and informed consent; or on some other improper basis; or there are other exceptional circumstances that warrant the discharge. In this section— undue influence includes— the use or threatened use of force or restraint; and causing or threatening to cause injury; and causing or threatening to cause any other detriment. (sec.73-ssec.1) A relevant party for a cultural recognition order may apply to the court for an order (a discharge order ) discharging the cultural recognition order on any of the following grounds— the order was made— because of a false or misleading document or representation; or because a person acted fraudulently or used undue influence on another person; or because a person did not provide full, free and informed consent; or on some other improper basis; or there are other exceptional circumstances that warrant the discharge. (sec.73-ssec.2) In this section— undue influence includes— the use or threatened use of force or restraint; and causing or threatening to cause injury; and causing or threatening to cause any other detriment.
- (a) the order was made— (i) because of a false or misleading document or representation; or (ii) because a person acted fraudulently or used undue influence on another person; or (iii) because a person did not provide full, free and informed consent; or (iv) on some other improper basis; or
- (i) because of a false or misleading document or representation; or
- (ii) because a person acted fraudulently or used undue influence on another person; or
- (iii) because a person did not provide full, free and informed consent; or
- (iv) on some other improper basis; or
- (b) there are other exceptional circumstances that warrant the discharge.
- (i) because of a false or misleading document or representation; or
- (ii) because a person acted fraudulently or used undue influence on another person; or
- (iii) because a person did not provide full, free and informed consent; or
- (iv) on some other improper basis; or
- (a) the use or threatened use of force or restraint; and
- (b) causing or threatening to cause injury; and
- (c) causing or threatening to cause any other detriment.