Commonwealth Numbered Acts

IMMIGRATION (GUARDIANSHIP OF CHILDREN) AMENDMENT ACT 1994 No. 45 of 1994 - SECT 4

4. After section 4 of the Principal Act the following sections are inserted:

Non-citizen child

"4AAA.(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.

Declared States and Territories

"4AAB.(1) The Minister may declare a State or Territory to be a declared State
or Territory for the purposes of this Act.



"(2) A declaration under subsection (1) is to be:

   (a)  made in writing; and

   (b)  published in the Gazette.".