Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Regulation 3, definition of authority
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"Minister" includes an officer or authority of the Commonwealth or of any State or Territory that is a delegate of the Minister under subsection 5 (1) of the Act.
[2] Regulation 4
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[3] Regulation 7
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7 Effect of State laws
(1) The laws of a State under which children may become State wards do not apply in relation to a non-citizen child.
(2) However, if the Minister has delegated to an officer or authority of a State the Minister's powers and functions under section 5 of the Act in relation to a non-citizen child, a Minister of the State, and an officer or authority of that State, has the rights and powers in relation to the child that the Minister and the authority would have if the child were, under the laws of the State:
(a) in the custody and care of any person or authority; or
(b) a State ward.
[4] Regulation 8
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8 Acknowledgment by custodians
If, under the Act, the Minister places a non-citizen child in the custody of a custodian, the custodian must give the Minister an acknowledgment in writing of acceptance of responsibility for the welfare and care of the child.
[5] Subregulation 9 (1), penalty
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[6] Subregulation 10 (1)
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authority of the State in which the custodian lives,
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Minister,
[7] Subregulation 10 (1), penalty
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[8] Subregulation 10 (2)
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authority of the State in which he or she lives, or a person authorised by that authority,
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Minister, or a person authorised by the Minister,
[9] Subregulation 10 (2), penalty
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[10] Regulation 11
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authority of a State must keep a Register of Custodians for the State
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Minister must keep a Register of Custodians
[11] Subregulation 12 (1)
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authority of the State in which he or she is registered,
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Minister,
[12] Subregulation 12 (1), penalty
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[13] Subregulation 12 (2), penalty
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[14] Regulations 13 to 16
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13 Consent to taking child out of State
The custodian must not, without the consent of the Minister, take or send the child out of the State in which the non-citizen child resides, or let the child go or be taken out of that State.
14 Notice to be given of certain events
The custodian must immediately give notice to the Minister, and do anything else in relation to a non-citizen child that the Minister requires, if the child:
(a) absconds or is taken from the custody of the child's custodian; or
(b) becomes seriously ill, or meets with a serious accident; or
(c) dies.
Penalty: 1 penalty unit.
15 Power to apprehend child absent without consent
(1) This regulation applies if a non-citizen child:
(a) has absconded; or
(b) has been unlawfully taken from the custody of the child's custodian; or
(c) without the consent of the Minister, has been taken from, or has left, the State in which the child resides.
(2) If the child is found in Australia, a member of the police force or police service of a State, or a person authorised by the Minister, may apprehend the child, hold the child in custody and hand the child over to a person or authority entitled to custody of the child.
16 Notice if child suspected to be leaving the Commonwealth without consent
If the master, owner or agent of an aircraft or ship has reason to suspect that a passenger or intending passenger for a destination outside the Commonwealth is a non-citizen child and is leaving the State in which the child resides, without the consent of the Minister, the master, owner or agent must, before the departure of the aircraft or ship, give notice in writing to the Minister, stating the name of the passenger or intending passenger and the reason for the suspicion.
[15] Regulations 19 and 20
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