Commonwealth Consolidated Acts

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IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 - SECT 4

Definitions

    In this Act, unless the contrary intention appears:

"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

"custodian" means a person who, by or under this Act, is the custodian of a non - citizen child.

"declared State or Territory" means a State or Territory in respect of which a declaration under section   4AAB is in force.

"intending adoptive parent" , in relation to a person (the child ), means a person who intends to:

  (a)   adopt the child under the laws in force in a declared State or Territory; or

  (b)   secure the recognition, under the laws in force in a declared State or Territory, of an adoption of the child by the person under the laws of a foreign country.

"migration law" means any of the following:

  (a)   the Migration Act 1958 ;

  (b)   regulations made under that Act;

  (c)   any instrument made under that Act or those regulations.

"non-citizen" means a person who is not an Australian citizen.

"non-citizen child" means a person who is a non - citizen child under subsection   4AAA(1) or (4).

"parent" : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .

"prescribed adoption class visa" means a visa under the Migration Act 1958 that is declared by the regulations to be an adoption class visa for the purposes of this Act.

"regional processing country" has the same meaning as in the Migration Act 1958 .

"relative" of a person includes:

  (a)   a parent of the person; and

  (b)   anyone who is a step - parent of the person or would be except that he or she is not legally married to his or her   de   facto   partner (within the meaning of the Acts Interpretation Act 1901 ); and

  (c)   anyone else who would be a relative of the person if someone mentioned in paragraph   (a) or (b) were a relative of the person.



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