NTIn ForceAct
Adoption of Children Act 1994
Div 5Guardianship of child awaiting adoption
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Division 5 Guardianship of child awaiting adoption
Adoption of Children Act 1994 19
(b) the consent of such a person to the adoption of the child has
been dispensed with by an order of the Court under
section 35,
the child shall be placed in the guardianship of the Minister.
(2) Where the Minister is the guardian of a child who is about to leave
or has left the Territory to reside in a State or another Territory of
the Commonwealth, the Minister may transfer the guardianship of
the child to a person, officer or authority performing functions
similar to those of the Minister (in relation to the guardianship of a
child under this Act) in accordance with the law of the State or other
Territory.
(3) The Minister may, on the request in writing by or on behalf of a
person, officer or authority referred to in subsection (2), place a
child in respect of whom section 32 applies, and who is about to
enter or has entered the Territory, in the guardianship of the
Minister.
(4) The guardianship of the Minister referred to in subsection (1) shall
continue to the exclusion of all other persons until:
(a) an order for adoption is made in respect of the child;
(b) where the appropriate consent to the adoption has been
given, the lawful revocation of the instrument of consent;
(c) the Court, by order, where it considers it necessary for the
welfare and interests of the child (including where it considers
that an order for adoption in respect of the child would not
promote the welfare and interests of the child) transfers the
guardianship of the child from the Minister to another person;
or
(d) where the child no longer resides in the Territory but in a State
or other Territory of the Commonwealth, the Minister transfers
the guardianship of the child to a person, officer or authority
referred to in subsection (2).