Births, Deaths and Marriages Registration Amendment Act 2019 (ACT)
Births, Deaths and Marriages Registration Amendment Act 2019
A2019-3
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Births, Deaths and Marriages Registration Act 1997
4 New section 4B 3
5 Notification of birthsSection 5 (8) 3
6 When registration of birth is required or authorisedNew section 7 (5) to (7) 3
7 Responsibility to have birth registeredSection 8 (1) 4
8 New section 8 (1A) and (1B) 4
9 How to have the birth of a child registeredSection 9 (2) (a) 5
10 Dictionary, new definition of birth parent 5
11 Dictionary, definition of stillborn child 5
Part 3Births, Deaths and Marriages Registration Regulation 1998
12 DictionarySection 3, note 1 6
13 Registration of birthsNew section 5 (3) to (5) 6
14 Dictionary, definition of birth parent 7
Births, Deaths and Marriages Registration Amendment Act 2019
A2019-3
An Act to amend the Births, Deaths and Marriages Registration Act 1997 and the Births, Deaths and Marriages Registration Regulation 1998
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Births, Deaths and Marriages Registration Amendment Act 2019.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Births, Deaths and Marriages Registration Act 1997 and the Births, Deaths and Marriages Registration Regulation 1998.
Part 2Births, Deaths and Marriages Registration Act 1997
New section 4B
in division 2.1, insert
4BMeaning of birth parent—pt 2
In this part:
birth parent, of a child, means the person who gave birth to the child.
Notification of births
Section 5 (8)omit
When registration of birth is required or authorised
New section 7 (5) to (7)insert
(5)Despite subsection (1), the birth of a stillborn child need not be registered if the child showed no sign of a heartbeat before 20 weeks gestation.
(6)Subsection (5) also applies if—
(a)the child was born within 6 months before the day this subsection commences (the commencement day); and
(b)immediately before the commencement day, the birth is not registered under this Act.
(7)Subsection (6) and this subsection expire 12 months after the commencement day.
Responsibility to have birth registered
Section 8 (1)after
parents of a child
insert
(other than a child mentioned in subsection (1A) or (2))
New section 8 (1A) and (1B)
insert
(1A)The birth parent of a stillborn child who showed no sign of a heartbeat before 20 weeks gestation—
(a)is solely responsible for deciding whether to register the birth of the child; but
(b)must consult the other parent of the child before making the decision.
(1B)However, the birth parent is not required to consult the other parent if it is not reasonably practicable or appropriate in the circumstances to consult the other parent.
Examples
1 the other parent is not contactable
2 the other parent’s identity is not known
3 the terms of an agreement state that the other parent must not be contacted
4 there is a risk of family or personal violence against the birth parent or another person
How to have the birth of a child registered
Section 9 (2) (a)substitute
(a)that is signed by only 1 of the parents, if satisfied that—
(i)it is not practicable to obtain the signature of the other parent; or
(ii)the parent who signed is the birth parent of a stillborn child, who has decided under section 8 (1A) to register the birth of the child; or
Dictionary, new definition of birth parent
insert
birth parent, of a child, for part 2 (Registration of births)—see section 4B.
Dictionary, definition of stillborn child
substitute
stillborn child means a child of at least 20 weeks gestation who shows no sign of respiration or heartbeat, or other sign of life, immediately after birth.
Part 3Births, Deaths and Marriages Registration Regulation 1998
Dictionary
Section 3, note 1omit
section 5 (8)
substitute
section 4B
Registration of births
New section 5 (3) to (5)insert
(3)For subsection (1) (e), a stillborn child need not be included in a multiple birth if—
(a)the child showed no sign of a heartbeat before 20 weeks gestation; and
(b)after consulting the other parent of the child, the birth parent decides not to include the child.
(4)For subsection (1) (l), particulars of a stillborn child need not be given if—
(a)the child showed no sign of a heartbeat before 20 weeks gestation; and
(b)after consulting the other parent of the child, the birth parent decides not to give those particulars.
(5)However, for subsections (3) (b) and (4) (b), the birth parent is not required to consult the other parent if it is not reasonably practicable or appropriate in the circumstances to consult the other parent.
Examples
1 the other parent is not contactable
2 the other parent’s identity is not known
3 the terms of an agreement state that the other parent must not be contacted
4 there is a risk of family or personal violence against the birth parent or another person
Dictionary, definition of birth parent
substitute
birth parent—see the Act, section 4B.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 29 November 2018.
Notification
Notified under the Legislation Act on 26 February 2019.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Births, Deaths and Marriages Registration Amendment Bill 2019, which originated in the Legislative Assembly as the Births, Deaths and Marriages Registration Amendment Bill 2018 and was passed by the Assembly on 14 February 2019.
Clerk of the Legislative Assembly
© Australian Capital Territory 2019
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