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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Justice)
Contents
Page
Part 1.1Casino Control Act 200626
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Justice)
Justice Legislation Amendment Bill 2015
A Bill for
An Act to amend legislation about births, deaths and marriages, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Justice Legislation Amendment Bill 2015
.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act
, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see
, s 79).
This Act amends the following legislation:
•
•
•
•
.
Note This Act also amends other legislation (see sch 1).
Part 2 Births, Deaths and Marriages Registration Act 1997
4 Notification of
births
Section 5
omit
mother
substitute
birth parent
insert
(8) In this section:
birth parent, of a child, means the person who gave birth to the child.
6 Registration of parentage
order
Section 16A (1)
after
section 26,
insert
or a corresponding parentage law,
7 Change of name entries in
register
Section 21 (2) (a) (i)
substitute
(i) if the person’s birth is registered in the ACT—
(A) alter the register by changing the person’s name in the entry relating to the person’s birth; or
(B) if the applicant for registration of the change of name asks the registrar-general to note the change of name in the particulars of the person’s birth—note the change of name in the entry relating to the person’s birth; or
substitute
(3) If the register is altered or the change of name is noted in the register under section 21 (2) (a) (i), any birth certificate issued by the registrar-general for the person must show the person’s name as changed.
Example
a new birth certificate showing the new name or a notation on the reverse side of the birth certificate
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
before section 24, insert
Division 4.1 People with birth registered in the ACT
10 Application to alter register to
record change of sex
Section 24 (2)
omit 1st mention of
the child
substitute
a child
11 Evidence in support of
application
Section 25 (1), new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
insert
Division 4.2 ACT residents with birth registered elsewhere
29A Application for recognised details certificate
(1) A person may apply to the registrar-general for a document that acknowledges a person’s name and sex (a recognised details certificate) if—
(a) the person is at least 18 years old; and
(b) the person is domiciled or resident in the ACT; and
(c) the person’s birth is registered in a place other than the ACT; and
(d) the person believes their sex to be the sex nominated in the application (the altered sex), and—
(i) has received appropriate clinical treatment for alteration of the person’s sex; or
(ii) is an intersex person.
Note 1 If a form is approved under s 69 for an application, the form must be used.
Note 2 A fee may be determined under s 67 for an application.
(2) The parents of, or a person with parental responsibility for, a child may apply to the registrar-general for a recognised details certificate for the child if—
(a) the child is domiciled or resident in the ACT; and
(b) the child’s birth is registered in a place other than the ACT; and
(c) the parents, or person with parental responsibility, believe on reasonable grounds that a recognised details certificate for the child is in the best interests of the child; and
(d) the child—
(i) has received appropriate clinical treatment for alteration of the child’s sex; or
(ii) is an intersex person.
(3) However, an application under subsection (2) may be made by 1 parent if—
(a) the applicant is the only parent named in a register kept under a corresponding law or the law of any place outside Australia; or
(b) there is no other surviving parent of the child.
(4) An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.
29B Evidence in support of application for recognised details certificate
(1) An application under section 29A for a recognised details certificate for a person who is at least 18 years old must be accompanied by—
(a) a statutory declaration by a doctor, or a psychologist, certifying that the person—
(i) has received appropriate clinical treatment for alteration of the person’s sex; or
(ii) is an intersex person; and
(b) documents confirming that—
(i) the person is domiciled or resident in the ACT; and
(ii) the person’s birth is registered in a place other than the ACT; and
(c) any other documents and information prescribed by regulation.
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
(2) An application under section 29A for a recognised details certificate for a child must be accompanied by—
(a) a statement signed by the parents of, or a person with parental responsibility for, the child stating that a recognised details certificate for the child is in the best interests of the child; and
(b) a statutory declaration by a doctor, or a psychologist, certifying that the child—
(i) has received appropriate clinical treatment for alteration of the child’s sex; or
(ii) is an intersex person; and
(c) documents confirming that—
(i) the child is domiciled or resident in the ACT; and
(ii) the child’s birth is registered in a place other than the ACT; and
(d) any other documents and information prescribed by regulation.
(3) In this section:
psychologist means a person registered under the Health Practitioner Regulation National Law (ACT)
to practise in the psychology profession (other than as a student).
29C Issue of recognised details certificate
(1) On receipt of an application under section 29A, the registrar-general must—
(a) issue a recognised details certificate; or
(b) refuse to issue the certificate.
(2) The certificate must not state the applicant’s former sex or former name (if any) unless the applicant has requested, in writing, that the information be included.
(3) The registrar-general may, if the registrar-general considers it appropriate, include in the certificate any other information about the applicant’s birth that the applicant has requested, in writing, be included.
29D Effect of recognised details certificate and interstate recognised details certificate
(1) A person to whom a recognised details certificate relates is, for the purposes of, but subject to, any territory law, a person of the sex stated in the certificate.
(2) A person to whom an interstate recognised details certificate relates is, for the purposes of, but subject to, any territory law, a person of the sex stated in the certificate.
13 Protection of
privacy
Section 44
omit
his or her
substitute
the person’s
14 Confiscation of forged etc
instruments
Section 51 (2)
omit
his or her
substitute
the person’s
15 Certificate evidence
New
section 65 (2A)
insert
(2A) An interstate recognised details certificate is, for the purposes of any territory law, evidence that the person mentioned in it is of the sex stated in the certificate.
16 Regulation-making
power
Section 70 (4), definition of relevant children
substitute
relevant children—a child is a relevant child if a parentage order has been made about the child under—
(a) the
, section 26; or
(b) a corresponding parentage law.
17 Reviewable
decisions
Schedule 1, new item 6A
insert
6A
|
29C
|
refuse to issue recognised details certificate
|
applicant
|
18 Dictionary, new definitions
insert
corresponding parentage law means a law of a State or another Territory relating to parentage and includes a law prescribed by regulation to be a corresponding parentage law.
interstate recognised details certificate means a recognised details certificate (however described) issued under a corresponding law.
recognised details certificate—see section 29A
(1).
Part 3 Births, Deaths and Marriages Registration Regulation 1998
insert
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘birth parent—see the Act
, section 5 (8).’ means that the term ‘birth parent’ is defined in that section and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulation unless the definition, or another
provision of the regulation, provides otherwise or the contrary intention
otherwise appears (see
, s 155 and s 156 (1)).
20 Notification of
birth
Section 4 (1) (g) and (h)
omit
mother
substitute
birth parent
21 Registration of
births
Section 5 (f)
omit
mother
substitute
birth parent
substitute
(g) the place of birth of the birth parent of the child and the birth parent’s date of birth or, if the date of birth is not known, the birth parent’s age;
omit
father or other parent
substitute
other parent (other than the birth parent)
substitute
(i) the place of birth of the other parent (other than the birth parent) of the child and the other parent’s date of birth or, if the date of birth is not known, the other parent’s age;
omit
male and any deceased female
insert
(2) For subsection (1) (f) to (i)—
(a) the birth parent of a child may be described as the mother; and
(b) the other parent (other than the birth parent) may be described as the father.
27 Change of name entries in
register—Act, s 21
Section 5A (f)
omit
mother
substitute
birth parent
omit
father
substitute
other parent (other than the birth parent)
29 Application to alter register to
record change of sex
Section 6 (1) (b)
omit
mother
substitute
birth parent
omit
father
substitute
other parent (other than the birth parent)
31 Notification of deaths by funeral
directors
Section 9 (1) (j)
omit
mother
substitute
birth parent
omit
father or other parent
substitute
other parent (other than the birth parent)
insert
Dictionary
(see s 3)
Note 1 The
contains definitions and other provisions relevant to this regulation.
Note 2 For example, the Legislation Act
, dict, pt 1 defines the following terms:
• Act
• civil partnership
• civil union
• must (see s 146).
Note 3 Terms used in this regulation have the same meaning that they
have in the
(see
, s 148). For example, the following terms are defined in the Births, Deaths and Marriages Registration Act 1997
, dict:
• birth
• birth certificate
• child (see s 4)
• death
• parents
• register.
birth parent—see the Act
, section 5 (8).
34 Definitions—div
9.3
Section 149, definition of caution offence, paragraph
(g)
omit
age
substitute
identity
substitute
209 What is a proof of identity card?—div 14.2
In this division:
proof of identity card, for a person, means a card that includes the following about the person:
(a) the name of the person;
(b) a photo of the person;
(c) the date of birth of the person.
substitute
210 Proof of identity cards
omit
age
substitute
identity
substitute
211 Offence—child or young person use false identification to obtain proof of identity card
omit
age
substitute
identity
insert
Part 22 Transitional—proof of age cards
263 Meaning of commencement day—pt 22
In this part:
commencement day means the day the Justice Legislation Amendment Act 2015, section 34 commences.
264 Proof of age cards
A proof of age card issued under this Act, section 210 as in force before the commencement day is taken to be a proof of identity card issued under this Act.
265 Expiry—pt 22
This part expires 1 year after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A
transitional provision is repealed on its expiry but continues to have effect
after its repeal (see
, s 88).
41 Dictionary, definition of identification document, subparagraph (a) (ii)
omit
age
substitute
identity
42 Dictionary, definition of interstate proof of age card
omit
43 Dictionary, new definition of interstate proof of identity card
insert
interstate proof of identity card means a document corresponding to a proof of identity card that has been issued under the law of a State.
44 Dictionary, definition of proof of age card
omit
45 Dictionary, new definition of proof of identity card
insert
proof of identity card, for division 14.2 (Children and young
people)—see section 209.
substitute
7 Presumptions arising from marriage, civil union or civil partnership
(1) A child born to a person while the person is married or in a civil union or civil partnership is presumed to be a child of the person and the person’s spouse, civil union partner or civil partner.
(2) A child born to a person within 44 weeks after the death of the person’s spouse, civil union partner or civil partner is presumed to be the child of the person and the person’s spouse, civil union partner or civil partner who died.
(3) A child born to a person within 44 weeks after the annulment of the person’s purported marriage is presumed to be the child of the person and the person’s purported spouse.
(4) A child born to a person after the end of the person’s marriage, civil union or civil partnership, but within 44 weeks after the person last separated from the person’s spouse or partner in that marriage, civil union or civil partnership, is presumed to be the child of the person and the person’s spouse or partner in that marriage, civil union or civil partnership.
47 Presumption arising from domestic
partnership
Section 8 (1)
omit
the woman
substitute
another person
substitute
11 Presumptions arising from procedure
(1) This section sets out presumptions that arise if a person undergoes a procedure as a result of which the person becomes pregnant.
(2) The person is conclusively presumed to be a parent of any child born as a result of the pregnancy.
(3) If the ovum used in the procedure was produced by another person, that other person is conclusively presumed not to be a parent of any child born as a result of the pregnancy.
(4) If the person undergoes the procedure with the consent of the person’s domestic partner at the time of the procedure, the domestic partner is conclusively presumed to be a parent of any child born as a result of the pregnancy.
(5) If semen used in the procedure was produced by another person other than the person’s domestic partner at the time of the procedure, the person who produced the semen is conclusively presumed not to be a parent of any child born as a result of the pregnancy.
(6) For subsection (4), a person is presumed to consent to the carrying out of a procedure in relation to the person’s domestic partner, but the presumption is rebuttable.
(7) The presumptions set out in this section apply—
(a) whenever the pregnancy happened and whether or not it resulted from a procedure carried out in the ACT; and
(b) in relation to any child born as a result of the pregnancy, whether or not the child was born in the ACT.
(8) However, this section does not affect the vesting in possession or in interest of any property that happened before the commencement of this Act.
(9) In this section:
procedure means—
(a) artificial insemination; or
(b) the procedure of transferring into the uterus of a person an embryo derived from an ovum fertilised outside the person’s body; or
(c) any other way (whether medically assisted or not) by which a person can become pregnant other than by having sexual intercourse with a person.
49 Application for parentage
declaration
Section 15 (1) (b)
omit
that he or she is
substitute
to be
omit
his or her
substitute
their
51 Annulment of parentage
declaration
Section 22 (4)
omit
he or she
substitute
each person
52 Definitions for div
2.5
Section 23, definition of birth parent
omit
woman
substitute
person
53 Section 23, definition of birth sibling
substitute
birth sibling, of a child, means any other child who is born as a result of the same pregnancy as the child.
54 Section 23, definition of procedure
substitute
procedure means the procedure of transferring into the uterus of a person an embryo derived from an ovum fertilised outside the person’s body.
55 Section 23, definition of substitute parent agreement
omit
woman
substitute
person
56 Parentage order
Section 26
(3) (c) (ii)
omit
his or her
substitute
their
omit
his or her
substitute
their
58 Medical
information
Section 30 (3) (c) and (d)
omit
brother, sister, uncle or aunt
substitute
sibling or sibling of the parents
omit
his or her
substitute
their
60 Children all of equal
status
Section 38 (1)
omit
his or her parents
substitute
the person’s parents
61 Construction of
instruments
Section 39 (3) (b)
omit
he or she
substitute
the person
62 Section 39 (8), definition of exnuptial child
omit
father and mother
substitute
parents
(see s 3)
Part 1.1 Casino Control Act 2006
[1.1] Section 78, definition of document of identification, paragraph (a)
omit
age
substitute
identity
[1.2] Section 78, definition of proof of age card
omit
[1.3] Section 78, new definition of proof of identity card
insert
proof of identity card includes a document corresponding to a proof of identity card that has been issued under the law of a State.
[1.4] Dictionary, definition of proof of age card
omit
[1.5] Dictionary, new definition of proof of identity card
insert
proof of identity card—see section 78.
Part 1.2 Children and Young People Act 2008
[1.6] Section 877 (4), definition of document of identification, paragraph (a) (ii)
omit
age
substitute
identity
Part 1.3 Dangerous Substances (Explosives) Regulation 2004
[1.7] Dictionary, definition of identification papers, example
omit
age
substitute
identity
Part 1.4 Dangerous Substances (General) Regulation 2004
[1.8] Dictionary, definition of identification papers, example
omit
age
substitute
identity
Part 1.5 Medicines, Poisons and Therapeutic Goods Regulation 2008
[1.9] Section 173 (2), definition of photo identification document, paragraph (c)
omit
age
substitute
identity
[1.10] Section 173 (2), definition of proof of age card
omit
[1.11] Section 173 (2), new definition of proof of identity card
insert
proof of identity card means a proof of identity card issued under—
(a) the
, section 210 (Proof of identity cards); or
(b) the law of a State, an external territory or New Zealand.
Part 1.6 Race and Sports Bookmaking Act 2001
[1.12] Section 72A (6), definition of document of identification, paragraph (a)
omit
age
substitute
identity
Part 1.7 Road Transport (Driver Licensing) Act 1999
omit
age
substitute
identity
in
• section 34
• section 36 (1)
• section 37 (1) (c)
• sections 39 and 40
[1.14] Dictionary, definition of proof of age card
omit
[1.15] Dictionary, new definition of proof of identity card
insert
proof of identity card means a proof of identity card issued
under the
, section 210 (Proof of identity cards).
Part 1.8 Road Transport (Driver Licensing) Regulation 2000
[1.16] Sections 138AB (1) and 138B
omit
age
substitute
identity
[1.17] Dictionary, definition of proof of age card
omit
[1.18] Dictionary, new definition of proof of identity card
insert
proof of identity card, for part 8A (Protection of photographs and signatures)—see the Act, dictionary.
Part 1.9 Second-hand Dealers Regulation 2002
[1.19] Section 6, definition of photo identification document, paragraph (f)
omit
age
substitute
identity
[1.20] Schedule 2, part 2.1, item 6, column 2
omit
age
substitute
identity
[1.21] Dictionary, definition of proof of age card
omit
[1.22] Dictionary, new definition of proof of identity card
insert
proof of identity card means a proof of identity card issued under—
(a) the
, section 210 (Proof of identity cards); or
(b) the law of a State, an external territory or New Zealand.
Part 1.10 Smoking in Cars with Children (Prohibition) Act 2011
[1.23] Section 8 (4), definition of identification document, paragraph (b)
omit
age
substitute
identity
[1.24] Section 14 (6), definition of document of identification, paragraph (a) (ii)
omit
age
substitute
identity
Part 1.12 Totalisator Act 2014
[1.25] Section 56 (5), definition of identification document, paragraph (a) (ii)
omit
age
substitute
identity
substitute
28A Devises to people who have altered their sex
omit
successfully undergoes sexual reassignment surgery
substitute
altered their sex
omit
undergone the surgery
substitute
altered their sex
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 November 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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