Document ID: chunk:federal_register_of_legislation:F2021C01008:reg:15:p2
Version: federal_register_of_legislation:F2021C01008
Segment Type: reg
Provision Reference: reg 15 (pt 2/2)
Character Range: 21674–22393

the child is not in Australia.
 (5) For paragraph (3)(c), a child is not allowed to reside permanently in Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so residing.
Note 1: This regulation does not necessarily apply to all States—see regulation 34.
Note 2: If a child to whom an application relates enters Australia before the application is determined, the child may be subject, while the application is being considered, to the Immigration (Guardianship of Children) Act 1946. Legislation of the State in which an application is made may also have consequences for the child concerned.