Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where the Secretary receives from an officer in another State or a Territory whose powers, functions, and duties correspond with those of the Secretary under this Act –
the Secretary may, if consent to the adoption has become irrevocable or has been dispensed with under section 37 and he is satisfied that it is in the best interests of the child to do so, by instrument in writing under his hand, renounce guardianship of the child.(a) notice that an application will be made in that State or Territory under a law corresponding with this Act for the adoption of a child who is under the guardianship of the Secretary by virtue of section 40; and
(b) a request that the Secretary renounce guardianship of the child –
(2) On signing an instrument of renunciation under subsection (1), the Secretary shall send it by certified mail to the officer of the other State or Territory from whom the notice referred to in that subsection was received, together with the consent to adoption executed in Tasmania in respect of the child by virtue of which the Secretary is the guardian of the child unless that consent has been dispensed with by an order under section 37.
(3) On the posting of an instrument of renunciation under subsection (2) together with the consent to adoption of the child (if any) affected by the renunciation, the Secretary ceases to be the guardian of that child for the purposes of this Act.
(4) Where an application is to be made under this Act for the adoption of a child who is under the guardianship of some officer or person in another State or in a Territory pursuant to any law corresponding with this Act whose powers, functions, and duties correspond with those of the Secretary under this Act, the Secretary may notify that officer or person of the application and request him to renounce in writing guardianship of the child and to forward to the Secretary for use in the proceedings on the application the consent executed in that State or Territory with respect to the child.
(5) On receiving from any such officer or person an instrument in writing executed by him renouncing the guardianship of a child referred to in subsection (4), the Secretary shall become the guardian of the child in all respects as if the consent to adoption executed outside Tasmania and forwarded with the instrument of renunciation were a consent given in accordance with Division 3 in Tasmania on the day when the consent purports to have been signed and attested outside Tasmania.
(6) Where an application is to be made under this Act for the adoption of a child who, pursuant to the law of another State or a Territory corresponding with this Division, is under the guardianship of an officer in that State or Territory whose powers, functions, and duties correspond with those of the Secretary under this Act, but the consent to adoption has been dispensed with under a law corresponding with section 37, the requirement of a consent to adoption under this Part is deemed to have been dispensed with under that section.