Australian Capital Territory Current Acts

TESTAMENTARY GUARDIANSHIP ACT 1984 - SECT 5

    (1)     For this Act, a" guardian "of a child (other than a reference to a testamentary guardian) means any guardian of the child, whether appointed—

        (a)     in accordance with this Act or a law of a State; or

        (b)     by a judgment, decree or order of a federal court or a court of a State; or

        (c)     in accordance with a law of a foreign country or part of a foreign country or by a judgment, decree or order of a court in a foreign country and that would be recognised by a Territory court in conformity with the common law rules of private international law.

    (2)     However, a guardian of a child does not include—

        (a)     the director-general responsible for the Children and Young People Act 2008

; or

        (b)     a Minister of the Commonwealth or of a State who, under a law of the Commonwealth or of the State is, in his or her capacity as Minister, the guardian of the child.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).