Child Protection (International Measures) Act 2003

A Tasmanian property protection measure relating to a child that is taken in response to a particular situation by a Tasmanian authority exercising jurisdiction in accordance with section 16(2)(b)(i) or (ii) lapses if – a foreign property protection measure relating to the child, that is taken in response to the same situation, is taken by a competent authority of a Convention country; and any of the following applies:the child is habitually resident in the Convention country; the child is present in the Convention country and is a refugee child; a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child's habitual residence; a competent authority of the country of the child's habitual residence agrees to the competent authority of the Convention country assuming jurisdiction; a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection (2)); the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.

Subsection (1)(b)(v) only applies if – one or both of the child's parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and one or both of the parents have parental responsibility for the child; and the jurisdiction of the competent authority of the Convention country to take the foreign property protection measure is accepted by the parents and each other person with parental responsibility for the child; and the exercise of jurisdiction to take the foreign property protection measure is in the best interests of the child; and the proceedings on the application for divorce or separation of the child's parents or the annulment of their marriage have not been finalised.

A Tasmanian property protection measure relating to a child that is taken in response to a particular situation by a Tasmanian authority exercising jurisdiction in a case of urgency, or in the case of the taking of a measure of a provisional character, lapses if – a measure for the appointment, or the determination of the powers, of a guardian for the child's property, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and the measure referred to in paragraph (a) is recognised under Tasmanian law or under the law of another State or of a Territory.