Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021 (Vic)
Version No. 007
Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021
S.R. No. 11/2021
Version incorporating amendments as at
29 May 2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5Transferred identity verification functions
Schedule 1—Transferred identity verification functions
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 007
Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021
S.R. No. 11/2021
Version incorporating amendments as at
29 May 2024
1Objective
The objective of these Regulations is to prescribe identity verification functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018.
2Authorising provision
These Regulations are made under section 58 of the Service Victoria Act 2018.
3Commencement
These Regulations come into operation on 14 March 2021.
4Definitions
In these Regulations—
adult has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
changehas the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
child has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
parent has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
Register has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
registered relationship has the same meaning as in the Relationships Act 2008;
registrable caring relationship has the same meaning as in Chapter 2 of the Relationships Act 2008;
registrable domestic relationship has the same meaning as in Chapter 2 of the Relationships Act 2008;
Registrar has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
Relationships Register has the same meaning as in Chapter 2 of the Relationships Act 2008;
the Actmeans the Service Victoria Act 2018.
5Transferred identity verification functions
For the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 1 is a transferred identity verification function.
Note
A transferred identity verification function is to be performed by the Service Victoria CEO as a transferred identity verification function (see section 10(5) of the Act) from the commencement date set out in regulation 3.
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SCHEDULE 1—TRANSFERRED IDENTITY VERIFICATION FUNCTIONS
Regulation 5
| Column 1
| Column 2
| Column 3 Service agency from which function is transferred |
| 1 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a birth under section 45 of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 1A | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a birth and adoption under sections 45 and 45A of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 2 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a death under section 45 of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 3 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a marriage under section 45 of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input | Registrar |
| into an Internet site or a mobile application maintained for that purpose | ||
| 4 | Collecting identity information provided with an application for the Registrar to search the Relationships Register for an entry about a particular registered relationship under section 21 of the Relationships Act 2008, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 5 | Collecting identity information provided with an application for the Registrar to search the Register for any entry about a change of name under section 45 of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 6 | Collecting identity information provided with an application to the Registrar for the registration of a change of an adult person's name under section 25(1) of the Births, Deaths and Marriages Registration Act 1996 if the person's birth is registered in Victoria, and verifying the applicant's identity if the application is made by input into | Registrar |
| an Internet site or a mobile application maintained for that purpose | ||
| 7 | Collecting identity information provided with an application to the Registrar for the registration of a change of a child's name under section 26(1), (3) or (5) of the Births, Deaths and Marriages Registration Act 1996 if the child's birth is registered in Victoria, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 8 | Collecting identity information provided with an application to the Registrar to alter the record of sex of a person who is aged 18 years or over under section 30A(1) of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 9 | Collecting identity information provided with an application to the Registrar for a document that acknowledges the name and sex of a person who is aged 18 years or over under section 30E(1) of the Births, Deaths and Marriages Registration Act 1996, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 10 | Collecting identity information provided with an application to the Registrar to alter the record of a child's sex in the child's birth registration under section 30B(1) of the Births, Deaths and Marriages Registration Act 1996, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 11 | Collecting identity information provided with an application to the Registrar for a document that acknowledges a child's name and sex under section 30EA(1) of the Births, Deaths and Marriages Registration Act 1996, and verifying the identity of any applicant parent or guardian of the child if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 12 | Collecting identity information provided with an application to the Registrar for the registration of a registrable domestic relationship or registrable caring relationship under section 6 of the Relationships Act 2008, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
| 13 | Collecting identity information provided with an application to the Registrar for the revocation of registration of a relationship under section 12 of the Relationships Act 2008, and verifying the applicant's identity if the application is made by input into an Internet site or a mobile application maintained for that purpose | Registrar |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021, S.R. No. 11/2021 were made on 10 March 2021 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 14 March 2021: regulation 3.
The Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021 will sunset 10 years after the day of making on 10 March 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.
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Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Amendment Regulations 2021, S.R. No. 84/2021
Date of Making: 20.7.21 Date of Commencement: 25.7.21: reg. 3
Service Victoria (Transfer of Births, Deaths and Marriages Identity Verification Functions) Further Amendment Regulations 2021, S.R. No. 154/2021
Date of Making: 7.12.21 Date of Commencement: Regs 5, 6 on 12.12.21: reg. 3(1); reg. 7 on 6.3.22: reg. 3(2); reg. 8 on 3.4.22: reg. 3(3); reg. 9 on 1.5.22: reg. 3(4)
Service Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024
Date of Making: 28.5.24 Date of Commencement: Regs 14–17 on 29.5.24: reg. 3
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3 Explanatory details
No entries at date of publication.
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