Northern Territory Consolidated Acts Northern Territory Consolidated Acts36. Guardianship of citizen-child awaiting adoption
(1) Subject to subsection (2), in the case of an adoption of a child who was born in a State or a Territory of the Commonwealth, other than an adoption by the spouse of a parent of the child, and -
(a) the persons who are required to consent to the adoption under Division 4 have consented to the adoption of the child; or
(b) the consent of such a person to the adoption of the child has been dispensed with by an order of the Court under section 35,
the child shall be placed in the guardianship of the Minister.
(2) Where the Minister is the guardian of a child who is about to leave or has left the Territory to reside in a State or another Territory of the Commonwealth, the Minister may transfer the guardianship of the child to a person, officer or authority performing functions similar to those of the Minister (in relation to the guardianship of a child under this Act) in accordance with the law of the State or other Territory.
(3) The Minister may, on the request in writing by or on behalf of a person, officer or authority referred to in subsection (2), place a child in respect of whom section 32 applies, and who is about to enter or has entered the Territory, in the guardianship of the Minister.
(4) The guardianship of the Minister referred to in subsection (1) shall continue to the exclusion of all other persons until -
(a) an order for adoption is made in respect of the child;
(b) where the appropriate consent to the adoption has been given, the lawful revocation of the instrument of consent;
(c) the Court, by order, where it considers it necessary for the welfare and interests of the child (including where it considers that an order for adoption in respect of the child would not promote the welfare and interests of the child) transfers the guardianship of the child from the Minister to another person; or
(d) where the child no longer resides in the Territory but in a State or other Territory of the Commonwealth, the Minister transfers the guardianship of the child to a person, officer or authority referred to in subsection (2).