Adoption Act 1988

Subject to this section, a person or organisation that conducts negotiations leading, or intended to lead, to the making of an adoption order is guilty of an offence. Maximum penalty: Maximum penalty: $20 000 or imprisonment for 2 years.

Subsection (1) does not apply—

to negotiations conducted for no fee by, or on behalf of, a parent, guardian or relative of a child for an adoption order in favour of a relative of the child or a person who is living together with a parent of the child in a qualifying relationship; or

to negotiations conducted by a person or organisation approved by the Chief Executive.

An approval under this section is subject to any prescribed conditions and any other conditions imposed by the Chief

The Chief Executive may withdraw such an approval if the person or organisation—

breaches a condition of the approval; or

acts improperly in the course of or in relation to the adoption or proposed adoption of a child.

For the purposes of subsection (4), an organisation will be taken to have acted improperly in the course of or in relation to an adoption or proposed adoption if a servant or agent of the organisation acts improperly in the course of or in relation to the adoption or proposed adoption.

Any fee paid for negotiations conducted in contravention of this section may be recovered as a debt.