Part 1Preliminary

Part 1 Preliminary Adoption of Children Act 1994 3 relinquishing parent means a parent who has relinquished a child (for the purposes of the adoption of the child) in respect of whom an order for adoption has been made. spouse, of a person, means any of the following: (a) a person to whom the person is married; (b) if the person is an Aboriginal – an Aboriginal with whom the person is in a traditional Aboriginal marriage; (c) a person who is in a de facto relationship with the person. traditional Aboriginal marriage means a relationship between an Aboriginal man and woman that is recognised as a traditional marriage by the community or group to which either Aboriginal belongs. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) If the holder of an office that is established by another Act (office holder) is referred to in this Act and the office holder has power to delegate to another person or holder of an office or designation all or any of the office holder's powers and functions under that Act: (a) the powers and functions that may be so delegated are taken to include the powers and functions under this Act and the powers and functions under this Act may be delegated in the manner provided by that other Act; and (b) in relation to a power or function so delegated, a reference in this Act to the holder of that office is to be read as including a reference to the delegate. (3) For the purposes of this Act, birth, in relation to a child or a parent, means as a result of a pregnancy caused: (a) by sexual relations; or (b) by a fertilisation procedure within the meaning of Part IIIA of the Status of Children Act 1978, parenthood being determined in accordance with that Part. (4) For the purposes of this Act, a reference to 2 persons or a couple in relation to a joint adoption of a child under this Act is a reference to: (a) 2 persons who are married; or Part 2 Jurisdiction Adoption of Children Act 1994 4 (b) 2 Aboriginal persons who are living together in a traditional Aboriginal marriage; or (c) 2 persons who are in a de facto relationship. 4 Delegation (1) The Minister may delegate to a person, or the holder from time to time of a particular designation or office, any of the Minister's powers and functions under this Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegate, is deemed to have been exercised or performed by the Minister. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.