Australian Immigration Daily News

Section 12 - Immigration (Guardianship of Children) Act 1946

The Immigration (Guardianship of Children) Act 1946 (the Act) provides for the Minister (or Ministers) administering the Act to be the legal guardian of a non-citizen child under 18 who enters Australia with the intention of becoming a permanent resident but who is not under the care of a parent, an intending adoptive parent, or other adult relative.

In addition, the Minister may direct that a non-citizen child entering Australia in the charge of, or under the care of, a relative other than a parent is to be a ward of the Minister, if the relative consents and the Minister is satisfied that it is necessary in the child’s interests.

The Act provides that where the Minister is the legal guardian of a non-citizen child, the Minister may place the child in the custody of another person. Section 12 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Source: 

Immigration-Guardianship-of-Children-Regulations-2018---6-Dec.pdf

Immigration-Guardianship-of-Children-Regulations-2018 Explanatory Statement.pdf