Commonwealth Numbered Regulations

1986 No. 159 IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS (AMENDMENT) - REG 3

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