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Registration of Births Deaths and Marriages (Amendment) Act 1985 No. 10244 TABLE OF PROVISIONS Section 1. Purpose. 2. Commencement. 3. Principal Act. 4. Miscellaneous amendments. 5. Objects of Act. 6. Amendments to Part II. of the Principal Act. 7. Amendment of Parts III. and IV. of the Principal Act. 8. Parts V. and VI. of Principal Act substituted. PART V.—REGISTRATION OF CHANGES OF NAME 33. Application of Part. 34. Any person may apply to change his or her name. 35. Parent of a child may change child's name. 36. Documents for change of names. 37. Registration of change of name where name changed by a document. 38. Registrar to make new entry. PART VI.—ADMINISTRATION 40. The Registrar and staff. 41. Duties of the Registrar. 42. Collecting agents. 43. Registration offices. 44. Power of delegation. 45. Power to take statutory declarations. 46. Correction of entries. 47. Power to cancel false or illegal registration. 48. Registrar may refuse to make certain registrations, entries or endorsements. 49. Indexes of registers. 50. Copy of entry. 51. Copy of cancelled entry. 52. Review of decisions by Tribunal. 53. Payment of prescribed fees. PART VII.—GENERAL 54. Annual general abstract. 55. Keeping of records. 56. Failure to forward documents. 57. Failure or refusal to give notice or information. 58. How notice or information may be given. 59. Rights not affected. 60. Evidence. 61. Validation of irregular registration. 62. Records relating to period before 18 January 1853. 63. General penalty. 64. Regulations. 835

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Registration of Births Deaths and Marriages (Amendment) Act 1985

No. 10244

TABLE OF PROVISIONS

Section

1. Purpose. 2. Commencement. 3. Principal Act. 4. Miscellaneous amendments. 5. Objects of Act. 6. Amendments to Part II. of the Principal Act. 7. Amendment of Parts III. and IV. of the Principal Act. 8. Parts V. and VI. of Principal Act substituted.

PART V.—REGISTRATION OF CHANGES OF NAME

33. Application of Part. 34. Any person may apply to change his or her name. 35. Parent of a child may change child's name. 36. Documents for change of names. 37. Registration of change of name where name changed by a document. 38. Registrar to make new entry.

PART VI.—ADMINISTRATION

40. The Registrar and staff. 41. Duties of the Registrar. 42. Collecting agents. 43. Registration offices. 44. Power of delegation. 45. Power to take statutory declarations. 46. Correction of entries. 47. Power to cancel false or illegal registration. 48. Registrar may refuse to make certain registrations, entries or endorsements. 49. Indexes of registers. 50. Copy of entry. 51. Copy of cancelled entry. 52. Review of decisions by Tribunal. 53. Payment of prescribed fees.

PART VII.—GENERAL

54. Annual general abstract. 55. Keeping of records. 56. Failure to forward documents. 57. Failure or refusal to give notice or information. 58. How notice or information may be given. 59. Rights not affected. 60. Evidence. 61. Validation of irregular registration. 62. Records relating to period before 18 January 1853. 63. General penalty. 64. Regulations.

835

9. Repeal of Schedules. 10. Consequential amendments to other Acts.

Schedule.

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No. 10244-

Registration of Births Deaths and Marriages (Amendment) Act 1985

[Assented to 10 December 1985]

The Parliament of Victoria enacts as follows:

Purpose. 1. The purpose of this Act is to provide for the registration of

names and changes of name and to facilitate the collection of statistics.

Commencement. 2. This Act comes into operation on a day to be proclaimed.

Principal Act. 3. The Registration of Births Deaths and Marriages Act 1959 is the

Principal Act.

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1985 Registration of Births Deaths and Marriages (Amendment)

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Miscellaneous amendments.

4. (1) The Principal Act is amended as follows:

(a) Before section 1 there is inserted the following heading:

"PART I.—PRELIMINARY";

{b) In section 1 the expression commencing with "; and is divided into Parts as follows:—" and ending with "Part VI.— General ss. 42-55." is repealed;

(c) Sections 2 (3) and 2 (4) are repealed.

(2) Section 3 of the Principal Act is amended as follows:

(a) After the definition of "Birth" there are inserted the following definitions:

' "Change" in relation to a name, includes any addition, omission or substitution affecting the name.

"Child" means a person who is not at least 18 years old and is not and has not been married.';

(b) For the definition of "Government Statist" there are substituted the following definitions:

' "Family name" means the surname or other part of a name which is not a Christian or given name.

"Christian or given name" means the first name or any other name given to a child.

"Name" means— (a) the Christian or given and family name; or (b) any name used, adopted or registered instead

of the Christian or given name or family name or both the Christian or given name and family name.';

(c) After the definition of "Prescribed" there is inserted the following definition:

' "Registrar" means the Registrar of Births, Deaths, Marriages and Names appointed under section 40.';

id) Before the definition of "Undertaker" there is inserted the following definition:

' "Tribunal" means the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1984.'.

(3) In the Principal Act the Part headed "PART I.— ADMINISTRATION." is repealed.

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1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

Objects of Act.

5. After section 3 of the Principal Act there is inserted the following section:

Objects of Act.

"4. The objects of this Act are to— (a) require the registration of births, deaths and marriages

occurring in the State of Victoria; and (b) facilitate the naming of persons born in the State of Victoria;

and (c) maintain registers of births, adopted children, still-births,

deaths, marriages and changes of names of persons in the State of Victoria; and

(d) facilitate and maintain a co-ordinating office for the collection of statistics; and

(e) provide services to members of the public by issuing certificates of entries in registers maintained by the Registrar; and

(J) provide services to members of the public related to registers and records held by the registry.".

Amendments to Part II. of the Principal Act.

6. Part II. of the Principal Act is amended as follows: (a) In section 13 (1) the expression "of the several particulars

in the Second Schedule or (as the case requires) in the appropriate prescribed form" is repealed;

(b) In section 14 the expression "the Second Schedule or (in the case of a still-birth)" is repealed;

(c) In section 16 the words "of the Supreme Court or" are repealed;

(d) For sections 16A and 17 there are substituted the following sections:

Family name of child. " 1 6A. (1) Unless sub-section (3) or (5) applies, if a person

is registered as the father of a child in the original registration of the birth the family name of the child to be registered in the register of births is the family name of the father.

(2) Unless sub-section (3) or (5) applies, if no person is registered as the father of a child the family name of the child to be registered in the register of births is the family name of the mother.

(3) The mother and the person registered as the father of a child or, if no person is registered as the father of the

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1985 Registration of Births Deaths and Marriages (Amendment)

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child, the mother and a person who produces evidence to the satisfaction of the Registrar that he is the father of the child, may apply in the prescribed form to the Registrar to have the family name of the child registered as—

(a) the family name of the father whether or not joined by a hyphen with the family name or maiden family name of the mother; or

(b) the family name or maiden family name of the mother whether or not joined by a hyphen with the family name of the father; or

(c) the family name of the father; or (d) the family name of the mother; or (e) the maiden family name of the mother.

(4) The Registrar must register as the family name of the child the name proposed in an application under sub-section (3) unless section 48 applies.

(5) I f -(a) the mother of a child; or (b) the person registered as the father of the child; or

(c) where no person is registered as the father of a child, a person who produces evidence to the satisfaction of the Registrar that he is the father of the child—

notifies the Registrar that there is a disagreement between the parents of a child as to the proposed family name of the child the Registrar must unless or until a court order is obtained under sub-section (6) by one of the parents register as the family name of the child the family names of the parents joined in alphabetical order by a hyphen.

(6) If sub-section (5) applies, a parent of a child may apply to a court for an order declaring the family name under which the child is to be registered.

(7) In determining an application under sub-section (6) the court must have regard to—

(a) the welfare of the child; and (b) whether the child is living with both parents or

only one of the parents; and (c) if the child is living with only one parent, the nature

and frequency of contact with the other parent; and

(d) the family names of any other children of both parents or either parent with which the child is living."

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1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

5

Registration of given name after registration of birth. "17. (1) If any child whose birth is registered without a

Christian or given name has a Christian or given name given to him or her or any child whose birth is registered with a Christian or given name is given an additional Christian or given name the Registrar must register the Christian or given name upon—

(a) the application in writing of a parent or guardian of the child; and

(b) payment of the prescribed fee. (2) The Registrar must cancel the original entry in the

register of births and make a new entry in the prescribed form in the register.";

(e) In section 18 (1) the expression "of the several particulars in the Third Schedule mentioned" is repealed;

(J) In section 18 (2) for the expression "enumerated in the Fifth Schedule" there is substituted the words "in the prescribed form";

(g) In section 18 (2) for the expression "(in the form contained in the Fifth Schedule or as near thereto as the circumstances of the case permit)" there is substituted the words "in the prescribed form";

(h) In section 20 (1) (a) for sub-paragraph (ii) there is substituted the following sub-paragraph:

"(ii) so far as they may be known the prescribed particulars in relation to the birth or death;";

(0 In section 22 (1) for the expression "form or to the effect set forth in the Sixth Schedule" there is substituted the words "prescribed form";

0 ) For sections 25 and 25A there are substituted the following sections:

Registration as father of a child in certain circumstances. "25. (1) A person who was not married to the mother

of a child at the time of the birth or at or after the time of its conception but before the birth is not to be registered as the father of the child unless—

(a) the particulars required by section 13 are given b y -(i) both the mother and the father; or

(ii) the father with the consent in writing of the mother; or

(b) a declaration of paternity has been obtained under section 10 (1) of the Status of Children Act 1974 declaring that person to be the father of the child.

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6 1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

(2) The Registrar may dispense with the consent required by sub-section (1) (a) (ii) if the Registrar is satisfied that—

{a) the mother of the child is dead; or (b) the mother of the child cannot after reasonable

inquiry be found; or (c) the mother of the child is in such a physical or

mental condition as not to be capable of properly considering the question of whether she should give consent; or

(d) the father has obtained an order of a court to dispense with the consent of the mother; or

(e) there are other circumstances as a result of which the Registrar should dispense with the consent."

Subsequent registration of person as father of a child. " 2 5 A. (1) Where the birth of a child whose parents were

not married to each other at the time of the birth or at or after the time of its conception but before the birth has been registered and the Registrar is satisfied—

(a) that the father with the consent in writing of the mother wants to be registered as the father of the child; or

(b) that a declaration of paternity has been obtained under section 10 (1) of the Status of Children Act 1974 declaring a person to be the father of the child and the applicant wants that person to be registered as the father of the child—

the Registrar must cancel the original entry in the register of births and make a new entry in the prescribed form in the register.

(2) The Registrar may dispense with the consent required by sub-section (1) (a) if the Registrar is satisfied that—

(a) the mother of the child is dead; or (b) the mother of the child cannot after reasonable

inquiry be found; or (c) the mother of the child is in such a physical or

mental condition as not to be capable of properly considering the question of whether she should give consent; or

(d) the father has obtained an order of a court to dispense with the consent of the mother; or

(e) there are other circumstances as a result of which the Registrar should dispense with the consent.

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1985 Registration of Births Deaths and Marriages (Amendment)

No. 10244

(3) Except upon the order of a judge of the County Court, the Registrar must not give any person a copy or extract of any entry relating to the original registration of the birth of a child changed under this section.";

(A:) In section 27 for the words "an extract of the entry" there is substituted the words "a certificate in the prescribed form";

(/) For the words "Government Statist" (wherever occurring) there is substituted the word "Registrar".

(m) After section 27 there is substituted the following section:

Still-birth certificate. "27A. Within one month after a still-birth has been

registered by the Registrar the Registrar shall upon request notify the person by whom the particulars relating to the still-birth were furnished that the still-birth has been duly registered by posting to him a certificate in the prescribed form relating to the still-birth."

Amendment of Parts III. and IV. of the Principal Act.

7. In Parts III. and IV. of the Principal Act for the words "Government Statist" (wherever occurring) there is substituted the word "Registrar".

Parts V. and VI. of Principal Act substituted.

8. For Parts V. and VI. of the Principal Act there are substituted . the following Parts:

"PART V.—REGISTRATION OF CHANGES OF NAME"

Application of Part.

"33. This Part does not affect the right of a person to assume or use a name other than a name registered as the name of that person under this Act."

Any person may apply to change his or her name.

"34. (1) Any person who is at least 18 years old or who is or has been married may apply to the Registrar in the prescribed manner together with the prescribed fee to change his or her name.

(2) The Registrar may require an applicant to give any evidence which the Registrar thinks is required as to the applicant's identity, age or marital status."

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1985 Registration of Births Deaths and Marriages (Amendment)

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Parent of a child may change child's name.

"35. (1) Unless sub-section (3) applies, a parent of a child may apply to the Registrar in the prescribed manner together with the prescribed fee to change the child's name.

(2) Unless sub-section (3) applies, a person who— (a) has applied to change his or her name under section 34

where the change includes a change to his or her family name; and

(b) is a parent of a child— may apply to the Registrar at the same time in the prescribed manner together with the prescribed fee to change the family name of the child to the family name to which that person proposes to change his or her family name.

(3) A parent of a child may not apply for the change of name of the child—

(a) unless, except as otherwise provided in sub-section (4), the other parent of the child consents to the change of name; and

(b) if the child is of or above the age of 12 years, the child consents to the change of name.

(4) The Registrar may dispense with the consent required by sub-section (3) (a) if the Registrar is satisfied that—

(a) there is no other surviving parent; or (b) a court has authorized the change of name upon application

made to the court by that parent.

(5) The court must in considering an application referred to in sub-section (4) (b) have regard to the welfare and interests of the child as being the paramount consideration.

(6) The Registrar may require a parent applying for a change of name of a child to give any evidence which the Registrar thinks is required as to—

(a) the relationship of the applicant to the child or the status of the applicant in relation to the child; and

(b) except as otherwise provided in sub-section (4), the consent of the other parent; arid

(c) where applicable, the order of a court referred to in sub-section (4) (b); and

(d) the age of the child; and (e) where applicable, evidence of the child's consent.

(7) The Registrar must not register more than one change of name of a child unless the Registrar is satisfied that the welfare and interests of the child will not be detrimentally affected."

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1985 Registration of Births Deaths and No. 10244 9 Marriages (Amendment)

Documents for change of names.

"36. (1) All documents for change of name deposited in the office of the Registrar-General under section 15 of the Property Law Act 1958 kept by the Registrar-General before the commencement of this Act must be delivered by the Registrar-General upon that commencement to the Registrar to be kept and maintained under this Act.

(2) After the commencement of this Act the Registrar-General must not accept for deposit under section 15 of the Property Law Act 1958 any document for change of name.

(3) The Registrar must keep a register of documents for change of name."

Registration of change of name where name changed by a document.

"37. Any person who is at least 18 years old and has changed his or her name or whose name has been changed by a document referred to in section 36 before the commencement of this Act is entitled, unless section 48 applies, upon application and payment of the prescribed fee to the Registrar to have the name entered in the register of changes of name."

Registrar to make new entry.

"38. After registering a change of name of a person who is registered in Victoria the Registrar must—

(a) cancel the original entry in the appropriate register in the prescribed form; and

(b) make a new entry in the prescribed form; and

(c) issue a new certificate in the prescribed form."

"PART VI.—ADMINISTRATION"

The Registrar and staff. "40. Subject to the Public Service Act 1974, there is to be

appointed— (a) a Registrar of Births, Deaths, Marriages and Names; and (b) such registration officers and other officers and employees

as are required for the purposes of this Act."

Duties of the Registrar.

"41. Subject to the general direction and control of the Minister the duties of the Registrar are—

(a) to keep and maintain— (i) registers of births; and (ii) adopted children registers; and

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10 1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

(iii) registers of still-births; and (iv) registers of deaths; and (v) registers of marriages; and

(vi) registers of changes of names; and (b) to obtain information about births, still-births and deaths

in the State of Victoria; and (c) as soon as possible after the event, to obtain and register in

respect of every birth, still-birth or death which has not been registered the prescribed particulars; and

(d) to administer this Act."

Collecting agents.

"42. (1) For the purposes of this Act the Registrar may appoint collecting agents for the period and subject to any conditions that the Registrar thinks fit and may at any time remove a collecting agent.

(2) Every appointment or removal of a collecting agent must be notified in the Government Gazette.

(3) The duties of a collecting agent are— (a) to receive information in the prescribed form as to births,

still-births and deaths; and (b) to forward the prescribed forms to the Registrar."

Registration offices.

"43. The Minister may establish as many registration offices as are necessary for the purposes of this Act and may at any time close any registration office."

Power of delegation.

"44. The Registrar may by instrument of delegation delegate to any person appointed under section 40 or 42 any power, duty or function of the Registrar other than this power of delegation."

Power to take statutory declarations.

"45. The Registrar and any collecting agent— (a) may require that information or evidence be given by a

statutory declaration; and (b) are authorized to take any statutory declarations required

for the purposes of this Act."

Correction of entries.

"46. (1) Ifthe Registrar is satisfied that any particular in any entry relating to a living person whenever made in a register is incorrect the Registrar may—

846

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1985 Registration of Births Deaths and No. 10244 11 Marriages (Amendment)

(a) cancel the original entry in the register; and

(b) make a new entry in the prescribed form in the register.

(2) If the Registrar is satisfied that any particular in any entry relating to a deceased person whenever made in a register is incorrect the Registrar may make a correction of the entry in the prescribed form in the margin."

Power to cancel false or illegal registration.

"47. (1) If it is proved to the satisfaction of the Registrar that the registration of any birth or death is false or has been illegally made the Registrar must under the direction of the Minister cancel the registration.

(2) The cancellation is to be effected by a note of the reason for the cancellation dated and signed by the Registrar being made in the margin of the record or register against the registration to be cancelled."

Registrar may refuse to make certain registrations, entries or endorsements.

"48. (1) The Registrar may refuse to make any registration, entry or endorsement in respect of any application for registration of a name or change of a name if the Registrar—

(a) considers that the application or the proposed name is obscene, offensive, frivolous or contrary to the public interest; or

(b) has reason to believe that the application has been made to facilitate an unlawful or fraudulent purpose.

(2) If the Registrar has refused to make any registration, entry or endorsement under sub-section (1) the Registrar must notify the applicant in writing of that refusal."

Indexes of registers.

"49. (1) The Registrar is to make and keep indexes of the registers under section 41.

(2) Any person may apply in the prescribed form together with the prescribed fee to have a search made by the Registrar of any index or register. i

(3) The Registrar may refuse to make a search only if the Registrar is of the opinion that there is not sufficient reason for the search to be made or that it is prohibited by this Act or any other Act."

847

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12 1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

Copy of entry.

"50. (1) Any person may apply in the prescribed form together with the prescribed fee for a copy of any entry in a register book.

(2) The Registrar must give to the extent prescribed a copy of the entry.

(3) The Registrar may refuse to give a copy of an entry only if the Registrar is of the opinion that there is not sufficient reason for the copy to be given or that it is prohibited by this Act or any other Act."

Copy of cancelled entry.

"51. (1) Any person may apply in the prescribed form together with the prescribed fee for a copy of any cancelled entry in a register book relating to that person to be given by the Registrar to that person or to a person authorized in the application.

(2) The Registrar must give a copy of a cancelled entry upon an application under sub-section (1).

(3) The Registrar must not give any other person a copy of a cancelled entry in a register unless that person—

(a) is the personal representative of the person to whom the cancelled entry relates; or

(b) has obtained an order of a judge of the County Court directing the Registrar to give that person a copy of the cancelled entry."

Review of decisions by Tribunal.

"52. A person aggrieved by a decision of the Registrar under section 35 (7), 48 (1), 49 (3) or 50 (3) may apply to the Tribunal for a review of the decision."

Payment of prescribed fees.

"53. (1) Where any prescribed fee is payable, the Registrar may remit or waive the whole or any part of the prescribed fee if in the Registrar's opinion payment of the whole fee would cause serious hardship.

(2) The Registrar may in any other case where the Minister has so directed whether by a general or specific direction remit or waive the whole or any part of the prescribed fee."

"PART VII.—GENERAL"

Annual general abstract.

"54. (1) The Registrar must once in every year send to the Minister a general abstract of the number of births, still-births, deaths and marriages registered during the previous year.

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1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

(2) The general abstract is to be prepared in the manner and form approved by the Minister.

(3) The Minister must cause the general abstract sent to the Minister to be laid before the Legislative Council and the Legislative Assembly as soon as practicable after the general abstract has been received by the Minister."

Keeping of records.

"55. Any person who having custody of any document required by this Act to be kept as a record—

(a) carelessly loses or damages the document; or (b) allows the document to be damaged while in his or her

custody— is guilty of an offence against this Act."

Failure to forward documents.

"56. Any person who does not forward a document to the Registrar as required by this Act is guilty of an offence against this Act."

Failure or refusal to give notice or information.

"57. Any person who refuses or without reasonable cause fails to give any notice or information which the person is required to give by or under this Act is guilty of an offence against this Act."

How notice or information may be given.

"58. Any notice or information required by or under this Act to be given to the Registrar may be given by delivering it personally or sending it by prepaid post to the Registrar or a collecting agent."

Rights not affected.

"59. This Act does not affect the right of any officiating minister of religion to receive the fees usually paid for the performance or registration of any baptism, marriage or burial."

Evidence.

"60. (1) A copy of a register or of an entry in a register purporting to be signed by the Registrar or a registration officer is to be received as prima facie evidence in any court or before any person acting judicially of the fact of the birth, death, marriage or change of name to which it relates. I

(2) A copy of any register or entry relating to any death must contain a copy of or an entry relating to the certificate required under section 22."

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Validation of irregular registration.

"61. (1) If the Registrar certifies in writing that any birth or death has whether before or after the commencement of this section been registered in a register by a person who did not have the power to do so, the Minister may by Order published in the Government Gazette validate the registration and any certificate issued in connection with the registration.

(2) The Registrar must enter a note in the prescribed form against any registration validated under sub-section (1) and the registration and any certificate issued in connection with the registration becomes as valid as if registered by the proper person."

Records relating to period before 18 January 1853.

"62. (1) Every register, book of entries or register book of baptisms, marriages or burials solemnized in the district of Port Phillip of the Colony of Victoria before 18 January 1853 forwarded to the Registrar under section 31 of the Marriage Act 1898 is to be kept by the Registrar as a permanent record.

(2) Any copy verified and forwarded to the Registrar under section 31 of the Marriage Act 1898 is prima facie evidence of all entries contained in the register, book of entries or register book.

(3) Any person who has possession of any register, book of entries or register book which has not been forwarded under section 31 of the Marriage Act 1898 must during normal business hours upon payment of the prescribed fee permit any other person to inspect any entry and upon request supply a certified copy of the entry to that person."

General penalty.

"63. A person who contravenes any provision of this Act is guilty of an offence against this Act and if no penalty is expressly provided is liable to a penalty of not more than 5 penalty units."

Regulations.

"64. (1) The Governor in Council may make regulations for or with respect to—

(a) the management of registration offices; and (b) the duties and the performance of the duties of the Registrar,

registration officers and collecting agents; and (c) the registration of marriages; and (d) the registration of changes of name; and (e) the recording of legitimations and re-registration or

, registration of the birth of legitimated persons; and (J) forms and particulars for the purposes of this Act; and

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(g) prescribing reasonable fees required to be prescribed or for performing any duties or for the supply of any document or service; and

(h) generally prescribing any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Regulations made under this Act— (a) may be of general or limited application; and (b) may differ according to differences in time, place or

circumstance; and (c) may require the making of a statutory declaration; and (d) may impose a penalty not exceeding 1 penalty unit for any

contravention of the regulations.".

Repeal of Schedules.

9. The Second, Third, Fifth and Sixth Schedules to the Principal Act are repealed.

Consequential amendments to other Acts.

10. The Acts mentioned in the Schedule are amended as specified in the Schedule.

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1985 Registration of Births Deaths and No. 10244 Marriages (Amendment)

SCHEDULE

Amendments to other Acts Section 10

Number ofAct Short Title Extent of Amendment

10150 Adoption Act 1984

7147 Adoption of Children Act 1964

6217

8750

Cemeteries Act 1958

Constitution Act 1975

6231 Crimes Act 1958

In section , 4 (1) the definition of "Government Statist" is repealed.

In section 4 (1) after the definition of "Non-citizen child" there is inserted the following definition:

' "Registrar" means the Registrar of Births, Deaths, Marriages and Names appointed under section 40 of the Registration of Births Deaths and Marriages Act 1959.'.

In sections 33 (3), 70, 72, 73, 74, 75, 77, 78, 79 (1), 80, 82, 92 and 114 (1) for the words "Government Statist" (wherever occurring) there is inserted the word "Registrar".

In section 81 for the expression "section 40" there is substituted the expression "section 46" I

In section 4 (1) the definition of "Government Statist" is repealed.

In section 4(1) after the definition of "Interim order" there is inserted the following definition: ' "Registrar" means the Registrar of

Births, Deaths, Marriages and Names appointed under section 40 of the Registration of Births Deaths and

• Marriages Act 1959.' In sections 28B, 57, 59, 59A, 59B, 59C, 59E,

59F, 59G, 59J, 59K, 59L, 59M, 59O, 59Qand 59R for the words "Government Statist" (wherever occurring) there is substituted the word "Registrar".

In section 59H for the expression "section 40" there is substituted the expression "section 46".

In section 74 for the words "either to the Government Statist or to the registrar of births and deaths of the district wherein such cremation took place" there is substituted the expression "to the Registrar of Births, Deaths, Marriages and Names".

After section 48 (2) there is inserted the following sub-section:

"(2A) An elector who has changed his or her name under Part V. of the Registration of Births Deaths and Marriages Act 1959 is not by reason only of that change of name disqualified from voting under the name appearing on the roll.".

In section 284 for the words "government statist or of any registrar" there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

852

1985 Registration of Births Deaths and Marriages (Amendment)

No. 10244

SCHEDULE—continued

Number of Act Short Title Extent of Amendment

8287

6255

Dentists Act 1972

Friendlv Societies Act 1958

8061

8593

6380 8602

6224

Medical Practitioners Act 1970

Pharmacists Act 1974

Statistics Act 1958 Status of Children Act

1974

The Constitution Act Amendment Act 1958

6410 Veterinary Surgeons Act 1958

In section 14 (3) for the words "Government Statist" there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

In section 4 the definition of "Registration officer" is repealed.

In sections 14 (2), 16 (9), 27 (2), 27 (3) and 27 (4) for the words "Government Statist Assistant Government Statist or registration officer" (wherever occurring) there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

In section 14 for the words "Government Statist" (where twice occurring) there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

In section 10 for the words "Government Statist" there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

Section 7 is repealed. In section 8 (1) for the expression "section

47" there is substituted the expression "section 50".

In section 9 for the words "Government Statist" (wherever occurring) there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

In section 124 (1) for the words "Government Statist" (where twice occurring) there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

After section 124 (1) there is inserted the following sub-section:

"(1A) The Registrar of Births, Deaths, Marriages and Names shall within three days after the end of each month forward to the Chief Electoral Officer a list of changes of names of persons under Part V. ofthe Registration of Births Deaths and Marriages Act 1959 during the preceding month showing—

(a) the previous recorded or registered name of that person; and

(b) the name under which that person is registered in the register of changes of name; and

(c) the address of that person.". In section 21(2) for the words "Government

Statist" there is substituted the expression "Registrar of Births, Deaths, Marriages and Names".

853

18 1985 Registration of Births Deaths and Marriages (Amendment)

No. 10244

NOTES

1. Minister's second reading speech—

Legislative Assembly: 19 September 1985 Legislative Council: 29 October 1985

2. The long title for the Bill for this Act was "A Bill to amend the Registration of Births Deaths and Marriages Act 1959 and to consequentially amend certain other Acts.".

854