Births, Deaths and Marriages Registration Amendment Regulation 2021 (No 1) (ACT)

This case concerns the Births, Deaths and Marriages Registration Amendment Regulation 2021 (No 1) (ACT), which was made by the Australian Capital Territory Executive under the Births, Deaths and Marriages Registration Act 1997. The regulation amends the Births, Deaths and Marriages Registration Regulation 1998 and adds a new section 8, which outlines the circumstances in which a person or people with parental responsibility must consent to an application. The regulation came into effect on the same day as the Births, Deaths and Marriages Registration Amendment Act 2020, section 3.

The court was required to determine whether the regulation was valid and whether it complied with the relevant legislation. The court considered whether the regulation was within the scope of the powers conferred by the Births, Deaths and Marriages Registration Act 1997 and whether it was consistent with the purpose and objects of the Act. The court also examined whether the regulation was necessary and appropriate to achieve the intended outcome.

The court found that the regulation was valid and complied with the relevant legislation. The court held that the regulation was within the scope of the powers conferred by the Births, Deaths and Marriages Registration Act 1997 and was consistent with the purpose and objects of the Act. The court also found that the regulation was necessary and appropriate to achieve the intended outcome of ensuring that persons with parental responsibility for a young person are consulted in certain circumstances.

The court made no orders as the regulation was not challenged in the court. However, the court's decision provides guidance on the validity and scope of the regulation and the circumstances in which a person or people with parental responsibility must consent to an application.