Registration of Births, Deaths and Marriages Act Amendment Act 1991 (Qld)

31 REGISTRATION OF BIRTHS , DEATHS AND MARRIAGES ACT AMENDMENT ACT ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Principal Act and citation as amended 4. Amendment of s. 27A. Entry of child's surname in register 5. New ss. 27C and 27D Entry of change of child's registered surname in respect of certain children born on or after 1 July 1974 Request in respect of child's registered surname where father registered pursuant to s. 25 on or after prescribed date ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1991 An Act to amend the Registration of Births, Deaths andMarriagesAct 1962-1989 [ASSENTED TO 6TH MARCH, 1991]

32 Registration of Births , Deaths and Marriages Act Amendment Act 1991, No. 5 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. This Act may be cited as the Registration of Births, Deaths and Marriages Act Amendment Act 1991. 2. Commencement . (1) Section 1 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on a date appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Registration of Births, Deaths and Marriages Act 1962-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Registration of Births, Deaths and Marriages Act 1962-1991. 4. Amendment of s. 27A. Entry of child's surname in register. Section 27A of the Principal Act is amended by- (a) numbering the present provision as subsection (1) and in paragraph (b) thereof inserting after the word "order" the words "and unless subsection (2) applies"; (b) adding at the end of the section the following subsections:- "(2) Subject to subsections (3) and (4), upon application in the prescribed form by- (a) the mother of a child and the person who upon registration of the birth of that child would be registered as the father; or (b) the mother of a child, if the person who upon registration of the birth of that child would be registered as the father- (i) would be registered as such under section 25 (1) (b); or (ii) is deceased (whether or not that child is a posthumous child); or (c) the person who upon registration of the birth of a child would be registered as the father, if the mother of that child is deceased; or (d) the person who upon registration of the birth of a child would, pursuant to section 25(4), be registered as the father,

Registration of Births, Deaths and Marriages Act Amendment Act 1991, No. 5 33 the Registrar-General shall, in terms of the application, enter in the register of births as the surname of that child- (e) a surname formed by combining the surnames of the mother and the person registered as the father of that child in any separated order and whether or not joined by a hyphen; or (f) the surname of the mother of that child. (3) An application under subsection (2) must be made prior to the registration of the birth of the child to which it relates. (4) Where the validity of an application under subsection (2) is dependent upon the death of a person, the Registrar- General is not to act on the application unless the Registrar- General has received written notice of the death of that person certified as correct by the person having the custody of the official records of deaths for the place where the death of that person is recorded.". 5. New ss. 27C and 27D. The Principal Act is amended by inserting after section 27B the following sections:- "27C. Entry of change of child ' s registered surname in respect of certain children born on or after 1 July 1974. (1) Subject to subsections (2), (3) and (4), upon application in t e prescribed form by- (a) the mother and the person registered as the father of a prescribed child; or (b) the mother of a prescribed child, if a person is registered as the father of that child and- (i) was registered as such under section 25 (1) (b) prior to the prescribed date; or (ii) is deceased (whether or not that child is a posthumous child); or (c) the person registered as the father of a prescribed child, if that registration occurred prior to the prescribed date and the mother of that child is deceased; or (d) the person who, pursuant to section 25 (4), is registered as the father of a prescribed child, if that registration took effect prior to the prescribed date, the Registrar-General shall, in terms of the application, by a marginal note in the appropriate birth registration enter a change of surname of that child to- (e) a surname formed by combining the surnames (as at the date of birth of that child) of the mother and

34 Registration of Births, Deaths and Marriages Act Amendment Act 1991, No. 5 the person registered as the father of that child in any separated order and whether or not joined by a hyphen; or (f) the surname (as at the date of birth of that child) of the mother of that child. (2) An application under subsection (1), by whomsoever made, may be made in respect of a prescribed child once only. (3) It is not competent to a person registered as the father of a prescribed child pursuant to a request under section 25 (1) or (4) to join in making an application under subsection (1) (a) in respect of that child if a request in respect of that child could have been made under section 27D. (4) Where the validity of an application under subsection (1) is dependent upon the death of a person, the Registrar- General is not to act on the application unless the Registrar- General has received written notice of the death of that person certified as correct by the person having the custody of the official records of deaths for the place where the death of that person is recorded. (5) In this section- "prescribed child" means a child- (a) who was born on or after 1 July 1974 and prior to the prescribed date; and (b) who has not attained the age of 18 years; and (c) who has not married; and (d) in respect of whom the Registrar-General has not entered in the appropriate birth registration a change of surname under section 28A; "prescribed date" means the date proclaimed under section 2 (2) of the Registration of Births, Deaths and Marriages Act Amendment Act 1991. 27D. Request in respect of child ' s registered surname where father registered pursuant to s. 25 on or after prescribed date. (1) Where on or after the prescribed date and subsequent to the registration under this Act of the birth of a child, the Registrar- General is requested pursuant to section 25 (1) or (4) to enter in the register the name of a person as the father of that child and is at the same time requested by the persons or person making the firstmentioned request- (a) to enter a change of surname of that child; or

Registration of Births, Deaths and Marriages Act Amendment Act 1991, No. 5 35 (b) not to enter a change of surname of that child, the Registrar-General shall, if the firstmentioned request is granted and that child is a prescribed child- (c) in a case to which paragraph (a) applies-by a marginal note in the appropriate birth registration enter, in terms of the secondmentioned request, a change of surname of that child to one formed by combining the surnames (as 'at the date of birth of that child) of the mother and the person registered as the father of that child in any separated order and whether or not joined by a hyphen; or (d) in a case to which paragraph ( b) applies- notwithstanding section 27A (1) (b) ( i), leave the surname of that child unchanged. (2) In this section - "prescribed child" means a child- (a) who has not attained the age of 18 years; and (b) who has not married; and (c) in respect of whom the Registrar-General has not entered in the appropriate birth registration a change of surname under section 28A; "prescribed date" means the date proclaimed under section 2 (2) of the Registration of Births, Deaths and Marriages Act Amendment Act 1991.". 6. Amendment of s. 28A. Entry of change of surname of child. Section 28A of the Principal Act is amended by- (a) in subsection (2), inserting after the word "applicant's", where it first occurs, the words "maiden name, or to her"; (b) inserting after subsection 5A the following subsection:- "(5B) Where an application is made under subsection (2) to change a child's surname to the applicant's maiden name, the requirements for the husband's undertaking and consent contained in paragraphs (b) and (c) of subsection (5) do not apply.". Minister's Second Reading Speech made on 24 October 1990.