Statutory Rules 1986 No. 1591

Immigration (Guardianship of Children)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Immigration (Guardianship of Children) Act 1946.

Dated 27 June 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

C. J. Hurford

Minister of State for

Immigration and Ethnic Affairs

Commencement

1. These Regulations shall come into operation on 1 July 1986.

Definitions

2. Regulation 3 of the Immigration (Guardianship of Children) Regulations is amended by omitting “1946-1952” from the definition of “the Act” and substituting “1946”.

3. After regulation 3 of the Immigration (Guardianship of Children) Regulations the following regulation is inserted:

(S.R. 157/86)—Cat. No.     11/11.6.1986

Prescribed principles for the purposes of section 4aa of the Act

“3aa. For the purposes of section 4aa of the Act the following principles are prescribed as principles to be observed in considering whether or not to give a direction under that section in relation to a person:

(a) a direction shall not be given under the section unless the relationship between the person and the relative of the person referred to in the section has broken down irretrievably;

(b) a direction shall not be given under the section unless the direction is necessary to—

(i) protect the person from risk of injury or danger of impairment of health;

(ii) protect the person from moral danger; or

(iii) enable the person to have the benefit of adequate direction and guidance;

(c) a direction shall not be given under the section for the principal purpose of creating, or improving, eligibility of the person, or the relative of the person referred to in the section, for financial assistance from the Commonwealth, a State or the Northern Territory.”.

Effect of Child Welfare laws

4. Regulation 4 of the Immigration (Guardianship of Children) Regulations is amended by omitting “six” and substituting “5”.

Offences

5. Regulation 12 of the Immigration (Guardianship of Children) Regulations is amended by omitting “Twenty pounds” and substituting “$40”.

Additional amendments

6. The Immigration (Guardianship of Children) Regulations are amended as set out in the Schedule.

SCHEDULE Regulation 6

ADDITIONAL AMENDMENTS

The following provisions of the Immigration (Guardianship of Children) Regulations are amended by omitting “an non-citizen” (wherever occurring) and substituting “a non-citizen”:

Regulations 5, 6a, 9, 10, 11 and 11a.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1986.

2. Statutory Rules 1946 No. 195 as amended by 1952 No. 70; 1956 No. 117; 1963 No. 47; 1979 No. 288; 1984 No. 48.

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