46Guardianship of child awaiting adoption

46 Guardianship of child awaiting adoption S. 46(1) amended by No. 46/1998 (1) Where each person whose consent to the adoption of a child is required under section 33 has consented to the adoption of the child or the consent has been dispensed with under this Act, the Secretary or, where an approved agency is authorized to make arrangements with a view to the adoption of the child, the principal officer of that agency, shall be the guardian of the child for all purposes (other than the purposes of section 33) to the exclusion of all other persons until— (a) an adoption order is made in respect of the child; S. 46(1)(b) amended by No. 46/1998 (b) the Secretary or principal officer renounces guardianship of the child under subsection (4); S. 46(1)(c) amended by No. 46/1998 (c) the Secretary or principal officer by writing under the hand of the Secretary or principal officer releases the child to the parents or to one of the parents of the child; (d) in the case of any consent so given, the instrument of consent is lawfully revoked; S. 46(1)(e) amended by No. 46/1998 (e) where the Secretary or principal officer has given notice under section 38 to each person who has given consent, at the expiration of 140 days after the Secretary or principal officer gave the notice or notices; or (f) the Court, by order, makes other provision for the guardianship of the child. (2) Except where a child is on placement with a view to adoption, a release in writing of a child under subsection (1) to the parents or to one of the parents of the child revokes any consent given by the parents or either of them to the adoption of the child. (3) Subsection (1) does not apply to or in relation to— S. 46(3)(a) amended by Nos 72/1997 s. 12(b), 68/2015 s. 11. (a) a child the adoption of whom by a spouse or domestic partner of a parent of the child or by a relative, or by a relative and the spouse or domestic partner of the relative, of the child is being negotiated or arranged; or S. 46(3)(b) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 1(b)), 69/1989 s. 11(2), 56/1989 s. 286(Sch. 2 item 1.2(a)(b)) (as amended by No. 93/1990 s. 24(h)(i)(ii)), 46/1998 s. 7(Sch. 1), substituted by No. 48/2006 s. 42(Sch. item 1.2), amended by No. 61/2014 s. 161. (b) a child who is the subject of a care by Secretary order or long-term care order within the meaning of the **Children, Youth and Families Act 2005** or who is under the guardianship of a person by reason of provisions of an Act of another State or ofa Territory corresponding to the provisions of the **Children, Youth and Families Act 2005** by reason of which a child may be such a ward. S. 46(4) amended by No. 46/1998 (4) Where the Secretary or a principal officer of an approved agency receives from an officer in another State or a Territory whose powers, functions and duties correspond with those of the Secretary or principal officer under this Act— S. 46(4)(a) amended by No. 46/1998 (a) a notice that application will be made in that State or Territory under provisions corresponding with this Act for the adoption of a child who is under the guardianship of the Secretary or a principal officer by virtue of the provisions of subsection (1); and S. 46(4)(b) amended by No. 46/1998 (b) a request that the Secretary or principal officer renounce guardianship of the child— the Secretary or principal officer may, if the consent has become irrevocable and the Secretary or principal officer thinks it in the best interests of the child so to do, by instrument in writing signed by the Secretary or principal officer renounce guardianship of the child. S. 46(5) amended by No. 46/1998 (5) Forthwith after signing an instrument of renunciation under subsection (4), the Secretary or principal officer shall send the instrument by certified mail to the officer in the other State or Territory together with the consent to adoption executed in Victoria with respect to the child by virtue of which the Secretary or principal officer is the guardian of the child and shall thereupon cease to be guardian of the child for the purposes of this Act. S. 46(6) amended by Nos 69/1989 s. 11(1)(c), 46/1998 (6) Where application is to be made under this Act for the adoption of a child who is under the guardianship of some officer or person in another State or in a Territory pursuant to provisions corresponding with the provisions of this Division whose powers, functions and duties correspond with those of the Secretary under this Act or of the principal officer of an approved agency, the Secretary or principal officer may notify such officer or person of the application and request the officer or person in writing to renounce guardianship of the child and to forward to the Secretary or principal officer for use in the proceedings on the application the consent executed in that State or Territory with respect to the child. S. 46(7) amended by No. 46/1998 (7) Upon receiving from any such officer or person an instrument in writing executed by such officer or person renouncing the guardianship of a child referred to in subsection (6) the Secretary or principal officer shall become and be the guardian of the child in all respects as if the consent to adoption executed in that State or Territory and forwarded with the instrument of renunciation were a consent given in accordance with Division 3 in Victoria on the day the consent purports to have been signed and attested in that State or Territory.