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s 42

Guardianship of non-citizen child

In force
Part IIAdoptions under this Act
Division 4Care of child pending adoption

42 Guardianship of non-citizen child

Where – a non-citizen child is present in Tasmania; the Secretary is authorized to make arrangements with a view to the adoption of the child; and it appears to the Secretary that there is not a person in Australia who is a guardian of the child – the Secretary may make application to the court for an order that the Secretary shall be the guardian of the child.

Where the court, on an application under subsection (1), makes an order that the Secretary shall be the guardian of a child, the Secretary shall be the guardian of the child for all purposes to the exclusion of all other persons as if the Secretary had become the guardian of the child by reason of the operation of section 40 and shall cease to be the guardian in the same manner as he would cease to be a guardian of a child under that section or section 41.

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Section 42 — Guardianship of non-citizen child — Adoption Act 1988 (Tasmania) — Barrister AI