Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 45, 1946
Compilation No. 14
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Immigration (Guardianship of Children) Act 1946 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Application of the Criminal Code
4AAA Non-citizen child
4AAB Declared States and Territories
4AAC Norfolk Island
4AA Orders for guardianship of certain children
4A Evidence
5 Delegation
6 Guardianship of non-citizen children
6A Non-citizen child not to leave Australia without consent
7 Custody of non-citizen children
8 Operation of other laws
9 Offences in respect of non-citizen child
10 False statements in applications
11 Exemption of children from Act
11A Reconsideration and review of certain decisions
12 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
45, 1946 | 15 Aug 1946 | 30 Dec 1946 (s 2 and Gazette 1946, p. 3598) |
| |
Immigration (Guardianship of Children) Act 1948 | 62, 1948 | 6 Dec 1948 | 6 Dec 1948 (s 2) | |
Immigration (Guardianship of Children) Act 1952 | 29, 1952 | 16 June 1952 | 16 June 1952 (s 2) | -- |
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | 1 Dec 1966 (s 2) | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 (s 2) | |
84, 1983 | 14 Nov 1983 | Part V (s 9-20): 2 Apr 1984 (s 2 and Gazette 1984, No. S119) | s 20 | |
65, 1985 | 5 June 1985 | -- | ||
45, 1994 | 15 Mar 1994 | 12 Apr 1994 | -- | |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 235, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Migration Legislation Amendment (Application of Criminal Code) Act 2001 | 97, 2001 | 22 Aug 2001 | 19 Sept 2001 (s 2) | |
73, 2008 | 3 July 2008 | Sch 4 (items 334-342): 4 July 2008 (s 2(1) item 64) | -- | |
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 10 (items 79-82): 15 Mar 2009 (s 2(1) item 29) | Sch 10 (item 82) |
Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 | 113, 2012 | 17 Aug 2012 | Sch 2: 18 Aug 2012 (s 2) | -- |
Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 | 135, 2014 | 15 Dec 2014 | Sch 1 (items 32-35): 16 Dec 2014 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (items 225, 226): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
61, 2016 | 23 Sept 2016 | Sch 1 (items 289-291) and Sch 3 (item 23): 21 Oct 2016 (s 2(1) item 1) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 2 (items 1, 2, 305): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected | |
Title.................... | am No 84, 1983 | |
s 3..................... | rep No 216, 1973 | |
| ad No 97, 2001 | |
s 4..................... | am No 29, 1952; No. 216, 1973; No. 84, 1983; No. 65, 1985; No. 45, 1994; No. 144, 2008; No. 113, 2012; No 59, 2016 | |
s 4AAA.................. | ad No 45, 1994 | |
s 4AAB.................. | ad No 45, 1994 | |
s 4AAC.................. | ad No 59, 2016 | |
s 4AA................... | ad No 65, 1985 | |
s 4A.................... | ad No 29, 1952 | |
| am No 216, 1973; No. 84, 1983; No 61, 2016 | |
s 5..................... | am No 216, 1973; No. 84, 1983; No. 73, 2008 | |
s 6..................... | am No 62, 1948; No. 216, 1973; No. 84, 1983; No. 144, 2008; No. 113, 2012; No 135, 2014 | |
s 6A.................... | ad No 62, 1948 | |
| am No 93, 1966; No. 84, 1983; No. 73, 2008; No. 113, 2012; No 61, 2016 | |
s 7..................... | am No 62, 1948; No. 84, 1983; No. 73, 2008 | |
s 8..................... | am No 216, 1973; No. 84, 1983; No. 113, 2012; No 135, 2014 | |
s 9..................... | am No 93, 1966; No. 84, 1983; No. 73, 2008; No 61, 2016 | |
s 10.................... | am No 93, 1966 | |
| rs No 137, 2000 | |
s 11.................... | rs No 29, 1952 | |
| am No 73, 2008 | |
s 11A................... | ad No 65, 1985 | |
| am No 38, 2024 | |
s 11B................... | ad No 65, 1985 | |
| rep No 38, 2024 | |
s 12.................... | am No 62, 1948; No. 93, 1966; No. 216, 1973; No. 84, 1983; No. 65, 1985; No 61, 2016 | |