Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister shall be the guardian of the person, and of the estate in Australia, of every non - citizen child who arrives in Australia after the commencement of this Act to the exclusion of the parents and every other guardian of the child, and shall have, as guardian, the same rights, powers, duties, obligations and liabilities as a natural guardian of the child would have, until the child reaches the age of 18 years or leaves Australia permanently, or until the provisions of this Act cease to apply to and in relation to the child, whichever first happens.
(2) Without limiting the meaning of the expression leaves Australia permanently in subsection (1), a non - citizen child leaves Australia permanently if:
(a) the child is removed from Australia under section 198 or 199 of the Migration Act 1958 ; or
(b) the child is taken from Australia to a regional processing country under section 198AD of that Act; or
(c) the child is deported under section 200 of that Act; or
(d) the child is taken to a place outside Australia under paragraph 245F(9)(b) of that Act, or under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 .