Federal Register of Legislation - Australian Government

Primary content

Immigration (Guardianship of Children) Act 1946

  • - C2004C04577
  • In force - Superseded Version
  • View Series
Act No. 45 of 1946 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 26 Nov 2009
Start Date 31 Dec 1973
End Date 01 Apr 1984

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 81 #DATE 19:12:1973)

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - TABLE OF PROVISIONS

TABLE


IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
4A. Evidence
5. Delegation
6. Guardianship of immigrant children
6A. Immigrant child not to leave Australia without consent
7. Custody of immigrant children
8. Saving of application of State laws
9. Offences in respect of immigrant child
10. False statements in application
11. Exemption of children from Act
12. Regulations

-----------------

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 1.
Short title.

SECT

Children from outside Australia.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Immigration (Guardianship of Children) Act 1946-1973.*

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 4.
Definitions.

SECT

Amended by No. 29, 1952, s. 3; and No. 216, 1973, s. 3.
4. In this Act, unless the contrary intention appears-

''custodian'' means a person who, by or under this Act, is the custodian of an immigrant child;

''immigrant child'' means a person under the age of 21 years who enters Australia as an immigrant, not being a person who enters Australia in the charge of, or for the purpose of living in Australia under the care of, a parent of that person, or a relative of that person not less than 21 years of age.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 4A.
Evidence.

SECT

Inserted by No. 29, 1952, s. 4; amended by No. 216, 1973, s. 3.
4A. For the purposes of this Act (including proceedings arising under this Act or in which a question arises as to the application of this Act to a person), a certificate in writing by a prescribed officer of the Commonwealth or of a State or Territory that a person named in the certificate is an immigrant child, or was, at a date specified in the certificate, an immigrant child, is evidence of the fact so certified.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 5.
Delegation.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
5. (1) The Minister may, in relation to any matters or class of matters, or in relation to any immigrant child or class of immigrant children, by writing under his hand, delegate to any officer or authority of the Commonwealth or of any State or Territory all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the child or class of children, specified in the instrument of delegation.

(2) Where under this Act the exercise of any power or function by the Minister or the operation of any provision of this Act is dependent upon the opinion or state of mind of the Minister in relation to any matter, that power or function may be exercised by the delegate or that provision may operate (as the case may be) upon the opinion or state of mind of the delegate in relation to that matter.

(3) A delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 6.
Guardianship of immigrant children.

SECT

Amended by No. 62, 1948, s. 3; and No. 216, 1973, s. 3.
6. The Minister shall be the guardian of the person, and of the estate in Australia, of every immigrant child who arrives in Australia after the commencement of this Act to the exclusion of the father and mother 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 twenty-one 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.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 6A.
Immigrant child not to leave Australia without consent.

SECT

Inserted by No. 62, 1948, s. 4. Amended by No. 93, 1966, s. 3.
6A. (1) An immigrant child shall not leave Australia except with the consent in writing of the Minister.

(2) The Minister shall not refuse to grant any such consent unless he is satisfied that the granting of the consent would be prejudicial to the interests of the immigrant child.

(3) A person shall not aid, abet, counsel or procure an immigrant child to leave Australia contrary to the provisions of this section.

Penalty: Two hundred dollars or imprisonment for six months.

(4) This section shall not affect the operation of any other law regulating the departure of persons from Australia.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 7.
Custody of immigrant children.

SECT

Sub-section (1) substituted by No. 62, 1948, s. 5.
7. (1) The Minister may place an immigrant child in the custody of a person who-

(a) is willing to be the custodian of that child; and

(b) is, in the opinion of the Minister, a suitable person to be the custodian of that child,
and that person shall thereupon become the custodian of that child.

(2) The Minister may, at any time, if he considers it necessary so to do in the interests of an immigrant child, remove the child from the custody of his custodian and place the child in the custody of some other person, who shall thereupon be the custodian of that child.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 8.
Saving of application of State laws.

SECT

Amended by No. 216, 1973, s. 3.
8. Except as prescribed, nothing in this Act shall affect the operation in relation to immigrant children of any provision of the laws of any State or Territory relating to child welfare.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 9.
Offences in respect of immigrant child.

SECT

Amended by No. 93, 1966, s. 3.
9. A person shall not, without lawful excuse (proof whereof shall lie upon him)-

(a) remove any immigrant child, or counsel or cause any immigrant child to be withdrawn or to abscond, from the custody of his custodian; or

(b) knowing any immigrant child to have been so removed or withdrawn or to have so absconded, harbour or conceal the child or prevent him from returning to his custodian.

Penalty: Two hundred dollars or imprisonment for six months.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 10.
False statements in application.

SECT

Amended by No. 93, 1966, s. 3.
10. A person shall not, in any application made for the purposes of this Act, make any statement which is false in any material particular.

Penalty: Two hundred dollars or imprisonment for six months.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 11.
Exemption of children from Act.

SECT

Substituted by No. 29, 1952, s. 5.
11. The Minister may, by order in writing under his hand, direct that the provisions of this Act shall not apply in respect of a child specified in the order, or a child included in a class of children so specified, and, while the order is in force, the provisions of this Act do not apply to or in relation to that child or to a child included in that class of children.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - SECT. 12.
Regulations.

SECT

Amended by No. 62, 1948, s. 6; No. 93, 1966, s. 3; and No. 216, 1973, s. 3.
12. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for-

(a) prescribing the principles to be observed in relation to the placing of immigrant children with custodians;

(b) regulating the placing of such children with custodians and the transfer of such children from one custodian to another;

(c) prescribing provisions to be observed by custodians in relation to the custody, control, welfare, care, education, training and employment of immigrant children;



(d) providing that any provision of the laws of any State or Territory relating to child welfare shall not apply in relation to immigrant children, and making provision in lieu of any such provision;

(da) prescribing powers, rights, duties and liabilities of or in relation to the Minister as guardian of the estate in Australia of immigrant children, including provisions for the receipt, disposition, management and control of property of immigrant children, and of property of deceased immigrant children from their deaths until the grant of administration;

(db) making provision for preventing immigrant children from leaving Australia without the consent in writing of the Minister; and

* * * * * * * *

(f) prescribing penalties, not exceeding Forty dollars, for any offence against the regulations.
------------------------------------------------------------------------------ --

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946-1973 - NOTE


NOTE
1. The Immigration (Guardianship of Children) Act 1946-1973 comprises the Immigration (Guardianship of Children) Act 1946 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Immigration
(Guardianship of
Children) Act 1946 No. 45, 1946 15 Aug1946 30 Dec 1946 (see
Gazette 1946, p.
3598)
Immigration
(Guardianship of
Children) Act 1948 No. 62, 1948 6 Dec 1948 6 Dec 1948
Immigration
(Guardianship of
Children) Act 1952 No. 29, 1952 16 June 1952 16 June 1952
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------