Registration of Births, Deaths and Marriages Act Amendment Act 1982 (Qld)

584 O utens ttrth ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE ---------- ------------------ 1 - - - 44 No. 30 of 1982 An Act to amend the Registration of Births, Deaths andMarriagesAct 1962-1981 in certain particulars and for related purposes [ASSENTED TO 5TH MAY, 1982]

Registration of Births, Deaths, &c., Act Arndt. Act 1982, No. 30 585 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Registration of Births, Deaths and Marriages Act Amendment Act 1982. (2) In this Act the Registration of Births, Deaths and MarriagesAct1962-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Registration of Births, Deaths and Marriages Act1962-1982. 2. Amendment of s. 11 . Responsibility for registrations and registers. Section 11 of the Principal Act is amended by, in subsection (2), omitting the words- " and (c) such other books and forms as are prescribed " and substituting the following words:- (c) such other books and forms as are prescribed; and (d) such registers, records and books as he is required by any Act to make or keep ". 3. Amendment of s. 22 . Searches and copies . Section 22 of the Principal Act is amended by, in subsection (IA), omitting all words comprising provisions (a) and (b) and substituting the following words:- (a) where a person is registered as the father of the child and a marginal note has not been entered in the appropriate birth registration pursuant to section 28A, the surname of the father; (b) where no person is registered as the father of the child, the surname of the mother; (c) where pursuant to section 28A there is entered in the appropriate birth registration a marginal note showing the surname of the mother as the surname of the child, the surname of the mother as evidenced by that note ". 4. Amendment of s. 28 . Registration of name after registration of birth . Section 28 of the Principal Act is amended by, in subsection (1), omitting all words from and including the words " at any time within seven years " to and including the words " register the name accordingly: and substituting the following words:- "may, in writing in the prescribed form or a form to the like effect, request the Registrar-General to register the name so given and the Registrar- General, on receipt of the prescribed fee- (a) shall register the name accordingly, if the request is received by him within seven years after the date of the birth; or (b) having regard to the best interests of the child, may register the name accordingly, if the request is received by him at any other time before the child attains the age of 18 years:".

586 Registration of Births, Deaths, &c., Act Amdt Act 1982, No. 30 5. Repeal of and new s. 28A. The Principal Act is amended by repealing section 28A and substituting the following section:- " 28A. Entry of change of surname of child . (1) Upon application in the prescribed form by the mother of a child- (a) whose birth has been registered under this Act; (b) who has not become an adopted child under the law of any place outside Queensland; (c) who has not attained the age of 18 years; and (d) who has not married, the Registrar-General, subject to the provisions of this section that apply in relation to that application and to the application's compliance with those provisions, may- (e) in respect of a birth registered under this Act after the commencement of the Registrationof Births,Deaths andMarriages Act Amendment Act1974, by a marginal note in the appropriate birth registration enter a change of surname of the child to the appropriate surname of the mother; (f) in respect of a birth registered under this Act before the commencement of the Registration of Births,Deaths andMarriages Act Amendment Act1974, by a marginal note in the appropriate birth registration, enter a memorial of the application and the appropriate surname of the mother as the surname of the child; or (g) in respect of a registration entered in the Adopted Children Register made and kept by the Registrar-General pursuant to the Adoption of Children Act1964-1981, enter a change of surname of the child to the appropriate surname of the mother. In this subsection- the expression " the appropriate surname of the mother " means the surname to which it is sought to change a child's surname by way of an application that complies with the provisions of this section that apply in relation to that application; the term "mother" includes a woman who by reason of the making of an adoption order has become a parent of a child pursuant to the Adoption of Children Act1964-1981. (2) An application may be made under this section in respect of a child to whose father the applicant was not married at its conception and whose father she has not since married and may seek the change of the child's surname to the applicant's surname at the date of the child's birth or, if the applicant is married,-to her surname by marriage at the date of the application. Upon production to the Registrar-General of evidence satisfactory to him that- (a) the child is known and has, for a continuous period of one year at the least immediately preceding the date of the application, been known by the applicant's surname to which the application seeks to change the child's surname;

Registration of Births, Deaths, &c., Act Anidt Act 1982, No. 30 587 (b) the child is residing with the applicant at the date of the application; and (c) the provisions of subsection (5) have been complied with, the Registrar-General may exercise the power conferred on him by paragraph (e) or (f) of subsection (1), whichever is appropriate. (3) An application may be made under this section in respect of a child to whose father the applicant was married at its conception or whose father she has since married and may seek the change of the child's surname to the applicant's surname at the date of the application, being her surname at that date by a marriage subsequent to the termination (by reason of divorce or death) of her marriage to the child's father. Upon production to the Registrar-General of evidence satisfactory to him that- (a) the child is known and has, for a continuous period of one year at the least immediately preceding the date of the application, been known by the applicant's surname to which the application seeks to change the child's surname; (b) the child is residing with the applicant at the date of the application; and (c) the provisions of subsection (5) have been complied with, the Registrar-General may exercise the power conferred on him by paragraph (e) or (f) of subsection (1), whichever is appropriate. (4) An application may be made under this section in respect of a child of whom the applicant is a parent by reason of the making of an adoption order under the Adoptionof Children Act1964 -1981 and may seek the change of the child ' s surname to the applicant ' s surname at the date of the application , being her surname at that date by a marriage subsequent to the termination ( by reason of divorce or death) of her marriage to the child ' s other parent by reason of the making of the adoption order. Upon production to the Registrar - General of evidence satisfactory to him that- (a) the child is known and has, for a continuous period of one year at the least immediately preceding the date of the application , been known by the applicant's surname to which the application seeks to change the child ' s surname; (b) the child is residing with the applicant at the date of the application; and (c) the provisions of subsection ( 5) have been complied with, the Registrar - General may exercise the power conferred on him by paragraph ( g) of subsection (1).

588 Registration of Births, Deaths, &c., Act Amdt Act 1982, No. 30 (5) An application made pursuant to subsection ( 2), (3) or ( 4) shall be accompanied by- (a) the consent in the prescribed form to the change of surname applied for of- (i) the child, if at the date of the application the child has attained the age of 12 years; (ii) the child's father , in the case of an application made pursuant to subsection (3) or, if he is deceased, a guardian of the child; (iii) the person who is the male parent of the child by reason of the making of an adoption order, in the case of an application made pursuant to subsection ( 4), or, if he is deceased, a guardian of the child; (iv) the husband (if any) of the applicant; and (v) the D irector of the Department of Children ' s Services; and (b) if at the date of the application the child has not attained the age of 12 years , an undertaking in the prescribed form by- (i) the applicant; and (ii) the husband ( if any ) of the applicant, that if the application is approved the child will be informed of the particulars of the change of its surname when, in the opinion of the person giving the undertaking , the child has attained an appropriate age less than the age of 18 years. A consent required by this section , other than that of the Director of the Department of Children ' s Services- (a) shall be witnessed by- (i) an officer of the Department of Children ' s Services; (ii) a barrister or solicitor; or (iii) a justice; and (b) shall be irrevocable except by notice in writing witnessed by a justice and delivered to the Director within 30 days from the date of the consent. (6) The Director of the Department of Children ' s Services shall not give his consent to a change of surname of a child pursuant to this section- (a) until the expiration of 30 days from the date of the consent (other than his consent) required by subsection ( 5) last given; (b) if it appears to the Director that- (i) a consent (other than his consent ) required by subsection (5) has not been given or has been given otherwise than in accordance with that subsection; (ii) a consent required by subsection ( 5) has been revoked in accordance with that subsection; (iii) a form of consent required by subsection ( 5) has been altered in a material particular without authority;

Registration of Births, Deaths, &c., Act Anidt Act 1982, No. 30 589 (iv) a form of consent required by subsection (5) has been completed by a person who, as at the date of such completion did not understand the nature of the consent or was not in a fit condition to consent; or (v) a consent required by subsection (5) has been obtained by fraud, duress or other improper means; or (c) if, after such investigation as he thinks fit, the Director is not satisfied that the change of surname is in the best interests of the child.". 6. Amendment of s. 45. Regulations . (1) Section 45 of the Principal Act is amended by, in subsection (1), adding at the end of paragraph (c) the following words:- including prescribing forms so as to contain or be accompanied by a declaration under the Oaths Act1867-1981 verifying the information and particulars contained therein or so as to be, in whole or in part, in the form of a declaration under that Act". (2) A regulation purporting to have been made under The Registration of Births, Deaths and Marriages Act of 1962 or under that Act as amended from time to time shall be taken to have been validly made to the extent that it requires the making of a declaration under The Oaths Act of 1867 or under that Act as amended at the material time as if paragraph (c) of section 45 (1) of the Principal Act as amended by this Act had been a provision of the Act under which the regulation purports to have been made.