Federal Register of Legislation - Australian Government

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SR 1946 No. 195 Regulations as amended, taking into account amendments up to SR 1988 No. 94
Registered 26 Mar 2010
Start Date 25 May 1988
End Date 01 Nov 2001
Date of repeal 01 Nov 2001
Repealed by Repealed by Immigration (Guardianship of Children) Regulations (SR 2001 No. 238).

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS
(#DATE 31:07:1993)

- In force under the Immigration (Guardianship of Children) Act 1946
- Updated as at 31 July 1993
*1* The Immigration (Guardianship of Children) Regulations (in force under the Immigration (Guardianship of Children) Act 1946) as shown in this reprint comprise Statutory Rules 1946 No. 195 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1946 No. 195
19 Dec 1946 30 Dec 1946
1952 No. 70
14 Aug 1952 14 Aug 1952 -
1956 No. 117
24 Dec 1956 24 Dec 1956 -
1963 No. 47
30 May 1963 30 May 1963 -
1979 No. 288
24 Dec 1979 24 Dec 1979 -
1984 No. 48
30 Mar 1984 30 Mar 1984 -
1986 No. 159
30 June 1986 1 July 1986 -
1988 No. 94
25 May 1988 25 May 1988 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 3 am. 1952 No. 70; 1956 No. 117; 1963 No. 47; 1979
No. 288; 1984 No. 48; 1986 No. 159; 1988 No. 94
R. 3AA ad. 1986 No. 159
R. 3A ad. 1952 No. 70
rs. 1988 No. 94
am. 1956 No. 117; 1963 No. 47; 1979 No. 288; 1984
No. 48
R. 4 am. 1952 No. 70; 1984 No. 48; 1986 No. 159
R. 5 am. 1984 No. 48; 1986 No. 159
R. 6 am. 1984 No. 48
R. 6A ad. 1952 No. 70
am. 1984 No. 48; 1986 No. 159
R. 7 am. 1984 No. 48
R. 9 am. 1952 No. 70; 1984 No. 48; 1986 No. 159
R. 10 am. 1984 No. 48; 1986 No. 159
R. 11 rs. 1952 No. 70
am. 1984 No. 48; 1986 No. 159
R. 11A ad. 1952 No. 70
am. 1984 No. 48; 1986 No. 159
R. 12 am. 1986 No. 159

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Immigration (Guardianship of Children) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 2
Commencement

2. These Regulations shall come into operation on the thirtieth day of December, 1946.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 3
Interpretation

3. In these Regulations, unless the contrary intention appears:
"authority", in relation to a State or Territory, means the person performing functions in relation to the welfare of children in that State or Territory who occupies the position approved by the Minister by notice published in the Gazette for the purposes of this definition in relation to that State or Territory;
"Child Welfare laws" means:
(a) in relation to the State of New South Wales - the Child Welfare Act, 1939 of that State;
(b) in relation to the State of Victoria - the Children's Welfare Acts of that State;
(c) in relation to the State of Queensland - The State Children Acts, 1911 to 1943 of that State;
(d) in relation to the State of South Australia - the Maintenance Act, 1926-1937 of that State;
(e) in relation to the State of Western Australia - the Child Welfare Act, 1907-1927, the Child Welfare Act Amendment Act, 1936 and the Child Welfare Act Amendment Act, 1941 of that State;
(f) in relation to the State of Tasmania - the Infants' Welfare Act, 1935 to 1940 of that State;
(g) in relation to the Australian Capital Territory - the Neglected Children and Juvenile Offenders Act, 1905 of the State of New South Wales, in its application to the Territory (as amended by the Juvenile Offenders Ordinance 1941), the Juvenile Offenders (Probation) Ordinance 1940 and the Juvenile Offenders Ordinance 1941; and
(h) in relation to the Northern Territory - the State Children Acts, 1895 to 1909 of the State of South Australia, as amended in its application to the Territory by the State Children Ordinance 1934;
and includes, in relation to any State or Territory, the regulations under the Child Welfare laws of that State or Territory and also includes any laws amending or in substitution for any of those laws;
"State" includes the Australian Capital Territory and the Northern Territory;
"the Act" means the Immigration (Guardianship of Children) Act 1946;
"welfare and care" includes custody, control, maintenance, education, training and employment.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 3AA
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.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 3A
Prescribed officers for the purposes of section 4A of the Act

3A. Each officer of the Commonwealth, a State or a Territory performing functions in relation to the welfare of children in a State or Territory and holding a delegation under subsection 5 (1) of the Act is prescribed for the purposes of section 4A of the Act in relation to that State or Territory.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 4
Effect of Child Welfare laws

4. The provisions of the Child Welfare laws of any State under which children may be committed to the custody or care of any person or authority, or may become wards or State children, or wards or children of the State or of any department or authority of the State, shall not apply in relation to any non-citizen child in respect of whom the Minister has delegated his powers and functions under section 5 of the Act to an authority of any State but, in the case of any such child, a Minister of State of the State or of the Commonwealth, and the authority of the State, respectively, shall have, in relation to the child, the rights and powers exercisable by him or it in relation to a child who, in pursuance of those laws, is committed to the custody and care of any person or authority or becomes a ward or State child or a ward or child of the State or of any department or authority of the State.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 5
Acknowledgment by custodians

5. Where, in pursuance of the Act, the Minister, or a delegate of the Minister, places a non-citizen child in the custody of a custodian, the custodian shall thereupon furnish to the Minister or delegate, as the case may be, an acknowledgment in writing of the acceptance by him of responsibility for the welfare and care of that child.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 6
Duties of custodians

6. (1) A custodian shall provide for the welfare and care of every non-citizen child, of whom he is the custodian.

(2) Without limiting the operation of the last preceding subregulation, the duties and obligations of a custodian in relation to any such non-citizen child shall be of the like kind to those of a person in relation to a child who is committed to his care, or of whom he becomes the guardian or foster parent, in pursuance of the Child Welfare laws of the State in which the custodian is resident.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 6A
Custodian to retain custody of children

6A. (1) The custodian of a non-citizen child shall not, without the consent of the authority of the State in which the custodian is resident, place the child in the care of another person.

(2) A person in whose care a non-citizen child has been placed by the custodian of the child shall afford to the authority of the State in which he resides, or a person authorized by that authority, all reasonable facilities for inspecting the conditions under which the child is living and for ascertaining whether the duties and obligations of the custodian are being fulfilled.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 7
Register of Custodians

7. An authority in respect of any State shall, in relation to non-citizen children in that State, keep a Register of Custodians in which he shall enter:
(a) the name, address, occupation and religion of every custodian;
(b) the name of every child in the custody of each custodian;
(c) the age, sex and religion of each such child;
(d) the names, addresses and occupations of the parents or guardians of the child in the United Kingdom;
(e) the date of arrival of the child in Australia, and the name of the ship in which the child arrived; and
(f) such other particulars as the Minister determines.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 8
Notification of change of address of custodian

8. (1) If a custodian proposes to change his place of abode within the State in which he is resident, he shall notify the proposed change to the authority of the State in which he is registered, if practicable, at least seven days before the change is effected.

(2) If it is not practicable for the custodian so to notify the proposed change, he shall notify the proposed change, or the change (if it has taken place) at the earliest practicable time.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 9
Consent to removal out of State or Territory

9. (1) Except with the consent of the authority of the State in which he is registered, the custodian of a non-citizen child shall not remove or send the child out of that State, or permit the child to go or be removed out of that State.

(2) The authority of the State from which a non-citizen child is removed in pursuance of any such consent shall forthwith note the removal in the Register of Custodians and, if the child is removed to another State, forward to the authority of that other State, for entry in the Register of Custodians kept by him, particulars relating to the custodian and the non-citizen child.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 10
Notice to be given if child absconds etc.

10. If a non-citizen child:
(a) absconds or is removed from the custody of his custodian;
(b) becomes seriously ill, or meets with a serious accident; or
(c) dies;
the custodian shall immediately give notice of the fact to the authority of the State in which the custodian is resident, and do all such further acts and things in relation to the child as are directed by that authority.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 11
Child absconding etc. to another State or Territory

11. If a non-citizen child:
(a) has absconded;
(b) has been unlawfully removed from the custody of his custodian; or
(c) without the consent of the authority of the State in which his custodian is registered, has been removed from, or has left, that State;
and is found anywhere in Australia, a member of the Police Force of a State or Territory of the Commonwealth, or a person authorized by an authority to act under this regulation, may apprehend the child, hold him in custody and hand him over to a person or authority entitled to custody of the child.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 11A
Notice where child suspected to be leaving the Commonwealth without consent

11A. The master, owner or agent of a vessel or aircraft who has reason to suspect that a passenger or intending passenger by the vessel or aircraft for a place outside the Commonwealth is a non-citizen child and is leaving the State in which his custodian is registered without the consent of the authority of that State shall, before the departure of the vessel or aircraft, give notice in writing to that authority stating the name of the passenger or intending passenger and his reason for suspecting that the passenger or intending passenger is such a non-citizen child.

IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS - REG 12
Offences

12. A person shall not contravene or fail to comply with any provision of these Regulations which is applicable to him.
Penalty: $40.