Registration of Births Deaths and Marriages (Amendment) Act 1985

Similar documents
LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS. Revised Edition 2014 CHAPTER XIX BIRTHS AND DEATHS REGISTRATION ORDINANCE

CHAPTER 309 THE BIRTHS AND DEATHS REGISTRATION ACT. Arrangement of Sections.

BIRTHS AND DEATHS REGISTRATION ACT

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 ARRANGEMENT OF SECTIONS

BIRTHS AND DEATHS REGISTRATION ACT NO.10 OF 2006 ARRANGEMENT OF SECTIONS PRELIMINARY APPOINTMENT OF REGISTRAR BIRTHS AND DEATHS, ETC

(Protectorate) Registration Ordinance; it shall apply to the Protectorate.

Births and Deaths Registration Act (Cap 51) CHAPTER 51 THE BIRTHS AND DEATHS REGISTRATION ACT

BIRTH, DEATHS AND MARRIAGES REGISTRATION

The Vital Statistics Act, 1995

TAMIL NADU GOVERNMENT GAZETTE

Births, Marriages and Deaths Registration Act 81 of 1963

The Vital Statistics Act, 1995

Vital Statistics Registration Act

The Vital Statistics Act, 2009

Births, Marriages and Deaths Registration Act 81 of 1963 section 50

CHAPTER 2. BIRTH CERTIFICATES

LAW ON RECORDS OF BIRTHS, DEATHS AND MARRIAGES

LAWS OF BRUNEI CHAPTER 79 BIRTHS AND DEATHS REGISTRATION

(131st General Assembly) (Amended Substitute Senate Bill Number 61) AN ACT

Civil Registration Act (No.2), B.E (2008) Translation

VITAL STATISTICS ACT REGULATIONS

The Vital Statistics Act

The Vital Statistics Act

(2) All such copies shall he thereafter kept in the General Registry in such order and manner as the Registrar-General thinks lit so that the same

VITAL STATISTICS REGISTRATION ACT. Chapter 1 GENERAL PROVISIONS

NC General Statutes - Chapter 130A Article 4 1

SENATE FILE NO. SF0085. Sponsored by: Senator(s) Boner, Baldwin and Driskill and Representative(s) Dayton, Hallinan and Sweeney A BILL.

RULES OF TENNESSEE DEPARTMENT OF HEALTH POLICY PLANNING AND ASSESSMENT DIVISION OF VITAL RECORDS CHAPTER VITAL RECORDS TABLE OF CONTENTS

Births, Marriages and Deaths Registration Act 81 of 1963 section 51(2)

ARCHDIOCESE OF MILWAUKEE SACRAMENTAL RECORDS INSTRUCTION MANUAL

CHAPTER 44:02 CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) ACT ARRANGEMENT OF SECTIONS

APPLICATION TO AMEND CERTIFICATE OF DEATH

CHAPTER 92. BIRTHS AND DEATHS REGISTRATION.

Registry Publication 62

Dear Mr. Snell: On behalf of the Kansas State Historical Society you have requested our opinion on several questions relating to access to birth and d

APPLICATION NUMBER SEX M F HEIGHT (FEET) (INCHES) SIGNATURE DO NOT WRITE OUTSIDE THE BOX COUNTRY OF RESIDENCE. Name change Expired passport

Guidelines for Completion of a Youth Application

Department: General Powers and Duties. Department: Bureau of Vital Statistics. Department: State Registrar of Vital Statistics.

Queensland Statute Reprints QUT Digital Collections

Frequently Asked Question (FAQs) on Registration of Births & Deaths

Chapter 149 LAWS OF KENYA. Revised Edition 2010 (1972) Published by the National Council for Law Reporting with the Authority of the Attorney General

1. "Act" refers to R.I. Gen. Laws Chapter 23-3, entitled "Vital Records."

You are here: Home > Advice and benefits > Births > Birth - certificate amendments

REGISTER OF ELECTORS

RADIO COMMNICATION ACT, B.E (1955) **

Ordinance for Enforcement of the Family Register Act

For Official Use Only Application Number. Application for Antigua and Barbuda Passport for Applicants Under 16 Years Form M. Surname: First Name:

PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT

STATISTICS ACT NO. 4 OF 2006 STATISTICS (CENSUS OF POPULATION) ORDER, 2008 SUBSIDIARY LEGISLATION. List of Subsidiary Legislation.

REGISTER OF ELECTORS

INTERMODAL PLANNING COMMITTEE TERMS OF REFERENCE

Birth Registration In Ghana. A Country Paper Presented at the Birth Registration Workshop for Anglophone Countries in Africa

How to Change Your Child s Surname

APPLICATION TO AMEND CERTIFICATE OF BIRTH

REGISTER OF ELECTORS

PALMERSTON NORTH CEMETERIES AND CREMATORIUM BYLAW 2004

Personal Information. Single Common Law Married Separated Divorced Widowed. Number Street Apartment City Province/Territory Postal Code

Submission to the Governance and Administration Committee on the Births, Deaths, Marriages, and Relationships Bill

Question and Response Guide to Issuing Certified Copies of Vital Records

Cemetery Rules & Regulations. For. Ringstead Parish Council

We would like to offer you and your family, our deepest sympathy, thoughts and comfort at this time.

The Cremation (England and Wales) Regulations 2008

Ch ange of name fo r adul ts

Minerals Marketing Corporation of Zimbabwe (Diamond Sales to Local Diamond Manufacturers) Regulations, 2010

Voluntary Paternity Acknowledgment. Angie Saleeby Vital Records Operations Manager PHSIS

Application to record an overseas birth in the register of births (section 36 of the Civil Status Act)

CDIB/Membership Card FAQ and Instructions

MEDSTEAD PARISH COUNCIL CEMETERY REGULATIONS

The Cremation (Scotland) Regulations Consultation. Introduction. The regulations

Application to record an overseas birth in the register of births (section 36 of the Civil Status Act)

Winchcombe Town Council

An information leaflet on how to register a birth and a general guide to the relevant legislation including the Civil Registration Act, 2004.

National Ordinance, Personal Records Database AB 2013 GT, no.16 ( )

RADIOCOMMUNICATIONS REGULATIONS 2001, REGULATION 8 - RECORD OF RADIO LICENCE

Sacramental Records. Jennifer Haselberger Chancellor for Canonical Affairs

Burial Policies and Procedures 1 Background

Medical Record Access Information for Applicants

City of Saratoga Springs Vital Records

OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 2 / 21 JANUARY 2012, PRISTINA LAW NO. 04/L-154 ON PRECIOUS METAL WORKS

8 SYNOPSIS: Under existing law, there are no regulations. 11 Contests Act. This bill would provide for the

We would like to offer you and your family, our deepest sympathy, thoughts and comfort at this time.

Hallmarking Act 1973

REGISTRATION OF BIRTHS & DEATHS

Unofficial Translation

Responsibilities of parish cemetery operators The Archdiocese has created a set of regulations for parish operators of a cemetery (see Appendix A).

Vital Records Data Practices Manual

White Oak Springs Baptist Church Cemetery APPLICATION FOR INTERMENT AND REGULATIONS

NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE

National Civil and Voter Registration, Pg. 11

Mauritius. Area: 2,040 km² Population: 1.3 million Capital: Port Louis

SATELLITE NETWORK NOTIFICATION AND COORDINATION REGULATIONS 2007 BR 94/2007

c 524 Vital Statistics Act

Moline Illinois CODE OF ORDINANCES. Art. IX. Miscellaneous DIVISION 3. IN-BUILDING EMERGENCY RADIO SYSTEM COVERAGE

Technical Papers. Registration of Vital Events In Iraq

application to register a name change (adult 18+ years)

ARTICLE V I.C.C.D. Chess Olympiad

Pickens Savings and Loan Association, F.A. Online Banking Agreement

ADDENDUM D COMERICA WEB INVOICING TERMS AND CONDITIONS

CHANGE OF SEX DESIGNATION - 16 YEARS OF AGE OR OLDER Instructions to complete application to Vital Statistics, Service Nova Scotia

The Helen Jerwood Preparatory School

Transcription:

Registration of Births Deaths and Act 1985 Section No. 10244 TABLE OF PROVISIONS 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. 836

No. 10244- Registration of Births Deaths and 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. 837

1985 Registration of Births Deaths and No. 10244 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. 838

1985 Registration of Births Deaths and No. 10244 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 839

1985 Registration of Births Deaths and No. 10244 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) If- (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." 840

1985 Registration of Births Deaths and No. 10244 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 by- (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. 841

6 1985 Registration of Births Deaths and No. 10244 (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. "25 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. 842

1985 Registration of Births Deaths and 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." 843

1985 Registration of Births Deaths and No. 10244 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." 844

1985 Registration of Births Deaths and No. 10244 9 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 845

10 1985 Registration of Births Deaths and No. 10244 (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.\

I 1985 Registration of Births Deaths and No. 10244 11 (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

12 1985 Registration of Births Deaths and No. 10244 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." Annual general abstract. "PART VII. GENERAL" "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. 848

1985 Registration of Births Deaths and No. 10244 (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." 849

1985 Registration of Births Deaths and No. 10244 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 850

1985 Registration of Births Deaths and No. 10244 (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. 851

1985 Registration of Births Deaths and No. 10244 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 "Noncitizen 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 No. 10244 SCHEDULE continued Number of Act Short Title Extent of Amendment 8287 6255 8061 8593 6380 8602 6224 Dentists Act 1972 Friendlv Societies Act 1958 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 ofbirths 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 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