Births, Deaths and Marriages Registration Amendment Act 2024 (ACT)
Births, Deaths and Marriages Registration Amendment Act 2024
A2024-9
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 Section 16 heading 3
5 New section 16 (1A) to (1C) 3
6 Section 16 (2) 4
7 Section 16 (5) 4
8 Application by parent to register change of child’s nameNew section 19 (2) (aa) 4
9 Section 19 (2), new examples 5
10 Application by young person to register change of given nameSection 19A (b) 5
11 Section 19A (b) (i) 5
12 Change of name entries in registerNew section 21 (4) 5
13 Application to alter register to record change of sexSection 24 (1) (a) 6
14 Section 24 (1) (c), except notes 6
15 Section 24 (2) (c) 6
16 New section 24 (3) (aa) 7
17 Section 24 (3), new examples 7
18 Section 25 7
19 Section 27 8
20 Application for recognised details certificateSection 29A (1) (a) 9
21 Section 29A (1) (d) 9
22 Section 29A (2) (d) 9
23 Section 29B 9
24 New division 4.3 10
25 Application by young person for leave to apply for change of given name or sex etcSection 29E (1) 11
26 Dictionary, definition of birth certificate 11
Part 3Births, Deaths and Marriages Registration Regulation 1998
27 Registration of birthsSection 5 (2) 12
28 Section 7 12
Births, Deaths and Marriages Registration Amendment Act 2024
A2024-9
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 2024.
Commencement
(1)This Act (other than sections 4 to 7, 12, 24 and 27) 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)).
(2)Sections 4 to 7, 12, 24 and 27 commence on a day fixed by the Minister by written notice.
NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
(3)If sections 4 to 7, 12, 24 and 27 have not commenced within 12 months beginning on this Act’s notification day, they automatically commence on the first day after that period.
(4)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to sections 4 to 7, 12, 24 and 27.
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
Section 16 heading
substitute
Addition or alteration of details of parentage after registration of birth
New section 16 (1A) to (1C)
insert
(1A)On application, the registrar‑general must alter any of the following information about a child’s parent in the register after registration of the child’s birth:
(a)the name of a parent whose change of name is registered under this Act or a corresponding law;
(b)the words used to describe a parent’s relationship with the child.
(1B)An application to alter information may be made by—
(a)both parents; or
(b)1 parent if—
(i)the information is about the parent and the registrar‑general is satisfied that the other parent—
(A)is dead or cannot join in the application because the other parent cannot be found or for any other reason; or
(B)does not dispute the correctness of the information; or
(ii)the only alteration is to use the word ‘parent’ to describe the parent’s relationship with the child.
(1C)However, if the child is at least 14 years old, the registrar‑general must not alter the information unless—
(a)the registrar‑general is satisfied that the child consents to the alteration; or
(b)the only alteration is to use the word ‘parent’ to describe either or both parent’s relationship with the child.
Section 16 (2)
after
addition
insert
or alteration
Section 16 (5)
omit
Application by parent to register change of child’s name
New section 19 (2) (aa)insert
(aa)the applicant is the only person with parental responsibility for decisions about the child’s name until the child is 18 years old; or
Section 19 (2), new examples
insert
Examples—par (aa)
· all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· parental responsibility for making decisions about major long‑term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· long‑term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008
Application by young person to register change of given name
Section 19A (b)omit
16 years old
substitute
14 years old
Section 19A (b) (i)
omit
and the application is made to better reflect their gender identity
Change of name entries in register
New section 21 (4)insert
(4)Also, a birth certificate issued by the registrar-general for the person must not show the person’s former name if—
(a)the person’s name was changed under subsection (2) (a) (i) (A); and
(b)any of the following people requests, in writing, that the person’s former name not be shown:
(i)the person;
(ii)if the person is a child—a parent of, or a person with parental responsibility for, the person;
(iii)a person prescribed by regulation; and
(c)the registrar-general is satisfied that the request is made to protect a person’s privacy; and
(d)for a request that relates to a child who is at least 14 years old—the registrar-general is satisfied that the child either consents to the request or cannot understand the meaning or implications of the request.
NoteSection 27 deals with showing a person’s sex on a birth certificate.
Application to alter register to record change of sex
Section 24 (1) (a)omit
16 years old
substitute
14 years old
Section 24 (1) (c), except notes
substitute
(c)the person believes their sex to be the sex nominated in the application.
Section 24 (2) (c)
omit
New section 24 (3) (aa)
insert
(aa)the applicant is the only person with parental responsibility for decisions about the child’s sex until the child is 18 years old; or
Section 24 (3), new examples
insert
Examples—par (aa)
· all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· parental responsibility for making decisions about major long‑term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975 (Cwlth)
· long‑term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008
Section 25
substitute
Evidence in support of application
An application under section 24 must be accompanied by—
(a)documents confirming that the person was born in the ACT or has had their birth registered in the ACT; and
(b)for an application under section 24 (2)—a statement that the applicant believes that altering the record of the child’s sex is in the best interests of the child; and
(c)any other documents and information prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Section 27
substitute
Showing information about sex on birth certificate
(1)The registrar-general may issue a birth certificate for a person that includes information about the person’s sex.
(2)However, information about a person’s sex must not be included on a birth certificate if—
(a)any of the following people requests, in writing, that the information not be included on the certificate:
(i)the person;
(ii)a parent of, or a person with parental responsibility for, the person; and
(b)for a request that relates to a child who is at least 14 years old—the registrar-general is satisfied that the child either consents to the request or cannot understand the meaning or implications of the request.
(3)If the registrar-general issues a birth certificate that includes information about the sex of a person whose record of sex has been altered, the birth certificate—
(a)must show the person’s record of sex as altered; and
(b)must not show any word or statement to the effect that the person’s record of sex has been altered.
(4)However, the registrar-general may issue a birth certificate that includes information about a person’s sex before, or both before and after, the alteration of the person’s record of sex if any of the following people requests, in writing, that the information be included:
(a)the person;
(b)a child of the person;
(c)a person prescribed by regulation.
NoteSection 21 deals with showing a person’s former name on a birth certificate after registering a change of name.
Application for recognised details certificate
Section 29A (1) (a)omit
16 years old
substitute
14 years old
Section 29A (1) (d)
substitute
(d)the person believes their sex to be the sex nominated in the application.
Section 29A (2) (d)
omit
Section 29B
substitute
29BEvidence in support of application for recognised details certificate
An application under section 29A must be accompanied by—
(a)documents confirming that—
(i)the person to whom the application relates is domiciled or resident in the ACT; and
(ii)the person’s birth is registered in a place other than the ACT; and
(b)for an application under section 29A (2)—a statement signed by the parents of, or a person with parental responsibility for, the child stating that a recognised details certificate for the child is in the best interests of the child; and
(c)any other documents and information prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
New division 4.3
insert
Division 4.3 Nominating sex in applications under this part
29DANominating sex in applications under this part
(1)A person making an application under this part (an applicant) may nominate the sex of a person in the application by stating the nominated sex using any term other than a prohibited sex descriptor.
(2)The registrar-general must ensure an application allows an applicant to state the nominated sex of a person using any term other than a prohibited sex descriptor.
Examples
1 an electronic interactive form used for altering the record of a person’s sex shows a blank space in which the person may state their nominated sex
2 a paper form used to apply for a recognised details certificate includes an open-text field in which the applicant may state their nominated sex
(3)In this section:
prohibited sex descriptor means a term describing a person’s sex that—
(a)is obscene or offensive; or
(b)could not practically be established by repute or usage—
(i)because it is too long; or
(ii)because it consists of or includes symbols without phonetic significance in the English language; or
(iii)for any other reason.
Application by young person for leave to apply for change of given name or sex etc
Section 29E (1)omit
16 years old
substitute
14 years old
Dictionary, definition of birth certificate
omit
section 27 (2)
substitute
section 27
Part 3Births, Deaths and Marriages Registration Regulation 1998
Registration of births
Section 5 (2)omit
of the parents of
substitute
parent’s relationship with
Section 7
substitute
Showing information about sex on birth certificate—Act, s 27 (4) (c)
The following people are prescribed:
(a)a parent of, or person with parental responsibility for, the person;
(b)an executor or administrator of the estate of the person;
(c)a lawyer authorised by a person mentioned in—
(i)paragraph (a) or (b); or
(ii)the Act, section 27 (4) (a) or (b).
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 20 September 2023.
Notification
Notified under the Legislation Act on 28 March 2024.
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 2024, which originated in the Legislative Assembly as the Births, Deaths and Marriages Registration Amendment Bill 2023 and was passed by the Assembly on 21 March 2024.
Clerk of the Legislative Assembly
© Australian Capital Territory 2024
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