Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 16

16.1 Clause 102.111 (definition of "child for adoption"): Omit "clause 102.211
(3);", substitute "subclause 102.211 (3) or (4);".

16.2 Clause 102.111 (definition of "prospective adoptive parent"): Omit the
definition, substitute:

"'prospective adoptive parent', in relation to an applicant, means:

   (a)  the unmarried person referred to in subparagraph 102.211 (3) (c) (i)
        or 102.211 (4) (c) (i); or

   (b)  each of the spouses referred to in subparagraph 102.211 (3) (c) (ii)
        or 102.211 (4) (c) (ii); as the case requires.".

16.3 Subclause 102.211 (1): Omit "subclause (2) or (3).", substitute
"subclause (2), (3) or (4).".

16.4 Paragraph 102.211 (2) (b): Omit the paragraph, substitute:

"(b) the applicant was adopted overseas by a person who:

        (i)    either:

                (A)  was, at the time of the adoption, an Australian citizen;
                     or

                (B)  if the time of adoption was before 3 July 1996, was, at
                     the time of adoption, an Australian citizen, an
                     Australian permanent resident or an eligible New Zealand
                     citizen; and

        (ii)   had been residing overseas for more than 12 months at the time
               of the application; and".

16.5 Paragraph 102.211 (3) (c): Omit the paragraph, substitute:

"(c) either:

        (i)    an unmarried person who is an Australian citizen has undertaken
               in writing to adopt the applicant; or

        (ii)   spouses, at least one of whom is an Australian citizen, have
               undertaken in writing to adopt the applicant; and".

16.6 After subclause 102.211 (3), insert:

"(4) The applicant meets the requirements of this subclause if:

   (a)  the applicant has not turned 18; and

   (b)  the applicant is resident in an overseas country; and

   (c)  either:

        (i)    an unmarried person who is an Australian permanent resident or
               an eligible New Zealand citizen has undertaken in writing to
               adopt the applicant; or

        (ii)   spouses, at least one of whom is an Australian permanent
               resident or an eligible New Zealand citizen, have undertaken in
               writing to adopt the applicant; and

   (d)  before 3 July 1996, either:

        (i)    child welfare authorities of an Australian State or Territory
               had approved the prospective adoptive parent or parents as a
               suitable adoptive parent, or as suitable adoptive parents, for
               the applicant; or

        (ii)   the relevant authorities of the overseas country had approved
               the departure of the applicant:

                (A)  for adoption in Australia; or

                (B)  in the custody of the prospective adoptive parent or
                     parents; as the case requires.".

16.7 Clause 102.212: Omit the clause, substitute:

"102.212 The applicant is sponsored:

   (a)  in the case of an applicant who is a child for adoption referred to in
        subclause 102.211 (3) - by an Australian citizen who is a prospective
        adoptive parent of the child; or

   (b)  in the case of an applicant who is a child for adoption referred to in
        subclause 102.211 (4) - by an Australian permanent resident or an
        eligible New Zealand citizen who is a prospective adoptive parent of
        the child; or

   (c)  in the case of an applicant who is an adopted child referred to in
        subclause 102.211 (2) who was adopted on or after 3 July 1996 - by an
        Australian citizen who is an adoptive parent of the child; or

   (d)  in the case of an applicant who is an adopted child referred to in
        subclause 102.211 (2) who was adopted before 3 July 1996 - by an
        Australian citizen, an Australian permanent resident or an eligible
        New Zealand citizen who is an adoptive parent of the child.".