Births, Deaths and Marriages Registration Amendment Regulation 2008 (No 1) (ACT)

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AGLC Case Decision Date
Births, Deaths and Marriages Registration Amendment Regulation 2008 (No 1) (ACT)

CaseChat Overview and Summary

The case involves the Births, Deaths and Marriages Registration Amendment Regulation 2008 (No 1) (ACT) and the dispute pertains to the prescribed particulars that must be included in a change of name entry in the register. The regulation was made under the Births, Deaths and Marriages Registration Act 1997 and the regulation itself amends the Births, Deaths and Marriages Registration Regulation 1998. The case was heard in the Australian Capital Territory Supreme Court.

The legal issues before the court involved the interpretation of the relevant legislation and regulation, specifically focusing on the particulars that must be included in a change of name entry in the register. The court had to determine whether the regulation was consistent with the requirements of the Act and whether the prescribed particulars were appropriate.

The court found that the regulation was consistent with the requirements of the Act and that the prescribed particulars were appropriate. The court held that the regulation was a valid exercise of the power conferred by the Act and that it did not exceed the scope of the power. The court also found that the prescribed particulars were sufficient to achieve the purposes of the regulation and that they did not impose an undue burden on individuals seeking to change their name.

The court's decision upheld the regulation and the prescribed particulars, and the regulation remains in force. The decision provides guidance on the interpretation of the relevant legislation and regulation and clarifies the requirements for change of name entries in the register.
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Areas of Law

  • Administrative Law

Legal Concepts

  • Statutory Interpretation

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