Births, Deaths and Marriages Registration and Births, Deaths and Marriages Registration (Fees) Amendment Regulations 2020 (Vic)

Births, Deaths and Marriages Registration and Births, Deaths and Marriages Registration (Fees) Amendment Regulations 2020

S.R. No. 25/2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

Part 2—Amendment of the Births, Deaths and Marriages Registration Regulations 2019

4Objective amended

5Regulation 6 revoked

6Regulation 7A inserted

7Particulars to be included in notification by funeral director

Part 3—Amendment of the Births, Deaths and Marriages Registration (Fees) Regulations 2019

8Schedule 1—Fees

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Endnotes

STATUTORY RULES 2020

S.R. No. 25/2020

Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration and Births, Deaths and Marriages Registration (Fees) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 21 April 2020

Responsible Minister:

JILL HENNESSY
Attorney-General

CLAIRE CHISHOLM

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Births, Deaths and Marriages Registration Regulations 2019 and the Births, Deaths and Marriages Registration (Fees) Regulations 2019 as a consequence of the enactment of the Births, Deaths and Marriages Registration Amendment Act 2019.

2Authorising provision

These Regulations are made under section 59 of the Births, Deaths and Marriages Registration Act 1996.

3Commencement

These Regulations come into operation on 1 May 2020.

Part 2—Amendment of the Births, Deaths and Marriages Registration Regulations 2019

4Objective amended

For regulation 1(b) of the Births, Deaths and Marriages Registration Regulations 2019[1] substitute—

"(b)other matters required to be prescribed for that Act.".

5Regulation 6 revoked

Regulation 6 of the Births, Deaths and Marriages Registration Regulations 2019 is revoked.

6Regulation 7A inserted

After regulation 7 of the Births, Deaths and Marriages Registration Regulations 2019 insert—

"7A   Definitions of relevant person

(1)For the purposes of section 30B(5)(c) of the Act, the prescribed class of persons is a person aged 18 years or over who—

(a)has known the child for at least 12 months; and

(b)is not the child's parent or guardian.

(2)For the purposes of section 30EA(8)(c) of the Act, the prescribed class of persons is a person aged 18 years or over who—

(a)has known the child for at least 12 months; and

(b)is not the child's parent or guardian.".

7Particulars to be included in notification by funeral director

In regulation 9(1)(m) of the Births, Deaths and Marriages Registration Regulations 2019 omit ", date of birth".

Part 3—Amendment of the Births, Deaths and Marriages Registration (Fees) Regulations 2019

8Schedule 1—Fees

(1)For item 3 of Schedule 1 to the Births, Deaths and Marriages Registration (Fees) Regulations 2019[2] substitute—

"3.	30A(3)(c)(ii)	Application to alter record of sex in person's birth registration	5·18 fee units
3A.	30B(3)(c)(ii)	Application to alter record of sex in child's birth registration	5·18 fee units".

(2)In item 4 of Schedule 1 to the Births, Deaths and Marriages Registration (Fees) Regulations 2019—

(a)for "30E(3)" substitute "30E(4)(d)";

(b)for "identity" substitute "person's name and sex".

(3)After item 4 of Schedule 1 to the Births, Deaths and Marriages Registration (Fees) Regulations 2019 insert—

"4A. 30EA(4)(d) Application for document acknowledging child's name and sex 7·47 fee units".

(4)In item 5 of Schedule 1 to the Births, Deaths and Marriages Registration (Fees) Regulations 2019, after "add" insert ", alter or delete".

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Endnotes

[1] Reg. 4: S.R. No. 77/2019.

[2] Reg. 8(1): S.R. No. 78/2019.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.