(1) A young person is a refugee child if:
(a) the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and
(b) the young person has not, at any time, lived in Australia with one or both of his or her parents; and
(c) the young person:
(i) has been granted refugee status by the Australian Government; or
(ii) has, at any time, been admitted into Australia as a refugee by the Australian Government; or
(iii) the young person has been, at any time, admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.
(2) An approval of a special humanitarian program for the purposes of subparagraph (1)(c)(iii) may be expressed to have retrospective effect to the date of the establishment of the program.
(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.