Australian Capital Territory Numbered Acts

BIRTHS, DEATHS AND MARRIAGES (NO 112 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Births, Deaths and Marriages Registration Act 1997.  
   3.      The Acts specified in the Schedule are repealed.  

   PART II--REGISTRATION OF BIRTHS

   6.      In this Division—“birth registration statement” means a statement in a form approved by the Registrar-General for the purposes of this Division.  
   12.     The Registrar-General shall assign a name to a child if—  
   14.     On registration of a child's birth, the Registrar-General shall not include information about the identity of a child's parent in the Register unless—  
   15.     The Supreme Court may, on the application of an interested person or on its own initiative, order—  

   PART III--CHANGE OF NAME

   17.     A person's name may be changed by registration of the change under this Part.  
   18.     An adult—  
   22.     This Part does not prevent a change of name by repute or usage.  

   PART IV--CHANGE OF SEX

   23.     In this Part—“birth certificate” means a certificate issued under subsection 27 (2) or section 45 certifying particulars contained in an entry in the Register of a person's birth; “doctor” includes a medical practitioner registered under a law of a State or another Territory relating to the registration of medical practitioners; “sexual reassignment surgery” means a surgical procedure involving the alteration of a person's reproductive organs that is carried out—  
   25.     An application under section 24 shall be accompanied by—  
   26.     On receipt of an application under section 24 the Registrar-General shall—  

   PART V--REGISTRATION OF MARRIAGES

   30.     If a marriage is solemnised in the Territory, the marriage is to be registered under this Act.  
   31.     A person may have a marriage registered by lodging with the Registrar-General a certificate of marriage under the Marriage Act 1961 of the Commonwealth or, if the marriage was solemnised before the commencement of that Act, such evidence of the marriage as the Registrar-General may require.  
   32.     The Registrar-General shall register a marriage by—  

   PART VI--REGISTRATION OF DEATHS

   PART VII--THE REGISTER AND OTHER RECORDS

   44.     In providing information extracted from the Register, the Registrar-General shall, as far as practicable, protect a person to whom the entry in the Register relates from unreasonable intrusion into his or her privacy.  
   49.     A person shall not, in an application or document under this Act, knowingly make a representation that is false or misleading in a material particular.  
   50.     A person shall not, without the authority of the Registrar-General or other lawful authority—  

   PART VIII--ADMINISTRATIVE REVIEW

   PART IX--TRANSITIONAL PROVISIONS

   54.     In this Part—“unregistered”, in relation to a registrable event that occurred before the commencement of this Act, means not registered under the repealed Act.  
   55.     Subject to this Act, this Act applies in respect of a registrable event that is unregistered in like manner as it applies in respect of a registrable event that occurs after the commencement of this Act.  
   56.     A notice received by the Registrar-General under section 12 or 14 of the repealed Act in respect of an unregistered birth shall be deemed to be a notice under section 5.  
   57.     A notice received by the Registrar-General under section 13 of the repealed Act in respect of an unregistered birth shall be deemed to be a birth registration statement.  
   58.     For the purposes of the application of section 5 in respect of an unregistered still-birth, a medical certificate that complies with section 24 of the repealed Act and had been prepared before the commencement of this Act shall be deemed to be a certificate under subsection 5 (4).  
   60.     The Registrar-General shall give effect to an order made by the Magistrates Court after the commencement of this Act in respect of an application to that Court made under section 20A of the repealed Act before that commencement as if this Act had not been enacted.  
   61.     A medical certificate under section 34 of the repealed Act that was signed before the commencement of this Act and delivered to the Registrar-General after that commencement shall be deemed to be a notification under section 35.  
   62.     On the commencement of this Act subsection 29 (2) and sections 30 and 31 of the repealed Act cease to apply in relation to an unregistered death.  
   63.     Section 37 applies in respect of—  

   PART X--MISCELLANEOUS

   65.     Subject to section 29, a certificate or other document that purports to state information obtained by the Registrar-General under this Act, the regulations or the repealed Act and purports—  
   68.     The Registrar-General may, if satisfied that it is appropriate to do so, refund, or remit the payment of, any fee or part of a fee.  
           SCHEDULE