Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland personal protection measure in relation to a child.
(2) The Queensland authority may exercise jurisdiction for a Queensland personal protection measure only in relation to—
(a) a child who is present and habitually resident in Australia; or
(b) a child who is present in Australia and habitually resident in a Convention country, if—
(i) the child's protection requires taking the measure as a matter of urgency; or
(ii) the measure is provisional and limited in its territorial effect to Australia; or
(iii) the child is a refugee child; or
(iv) a request to assume jurisdiction is made to the Queensland authority by a competent authority of the country of the child's habitual residence; or
(v) a competent authority of the country of the child's habitual residence agrees to the Queensland authority assuming jurisdiction; or
(c) a child who is present in a Convention country, if—
(i) the child is habitually resident in Australia; or
(ii) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or
(iii) a request to assume jurisdiction is made to the Queensland authority by a competent authority of the country of the child's habitual residence or country of refuge; or
(iv) a competent authority of the country of the child's habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or
(d) a child who is present in Australia and is a refugee child; or
(e) a child who is present in a non-Convention country, if—
(i) the child is habitually resident in Australia; or
(ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or
(f) a child who is present in Australia, if the child is habitually resident in a non-Convention country.
(3) The Queensland authority may only exercise jurisdiction under subsection (2)(b)(ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.
(4) Subsection (2)(a) to (d) is subject to the limitations in sections 10, 11 and 13.