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IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 - SECT 8

Operation of other laws

  (1)   Except as prescribed, nothing in this Act shall affect the operation in relation to non - citizen children of any provision of the laws of any State or Territory relating to child welfare.

  (2)   Nothing in this Act:

  (a)   affects the operation of the migration law; or

  (b)   affects the performance or exercise, or the purported performance or exercise, of any function, duty or power under the migration law or the Maritime Powers Act 2013 ; or

  (c)   imposes any obligation on the Minister or another Minister to exercise, or to consider exercising, any power conferred by or under the migration law or the Maritime Powers Act 2013 .

  (3)   Without limiting subsection   (2), nothing in this Act affects the performance or exercise, or the purported performance or exercise, of any function, duty or power relating to:

  (a)   the removal of a non - citizen child from Australia under section   198 or 199 of the Migration Act 1958 ; or

  (b)   the taking of a non - citizen child from Australia to a regional processing country under section   198AD of that Act; or

  (c)   the deportation of a non - citizen child under section   200 of that Act; or

  (d)   the taking of a non - citizen child 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 .



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