Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (2) and (3), a person (the child ) is a non‑citizen child if the child:
(a) has not turned 18; and
(b) enters Australia as a non‑citizen; and
(c) intends, or is intended, to become a permanent resident of Australia.
(2) Subsection (1) does not apply if the child enters Australia in the charge of, or for the purposes of living in Australia under the care of:
(a) a parent of the child; or
(b) a relative of the child who has turned 21; or
(c) an intending adoptive parent of the child.
(3) Subsection (1) does not apply if:
(a) the child enters Australia in the charge of, or for the purposes of living in Australia under the care of, a person who is not less than 21 years of age (the adult ); and
(b) a prescribed adoption class visa is in force in relation to the child when the child enters Australia; and
(c) the adult intends to reside with the child in a declared State or Territory.
(4) A person is a non‑citizen child if:
(a) the person has not turned 18; and
(b) a direction under section 4AA is in force in relation to the person.
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