Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 41B

41B Amending registers on discharges of adoptions

(1) This section applies if the registrar receives, under the Adoption Act 2009 , section 289 , a notice of the making of an order of the Supreme Court discharging a final adoption order.

(2) This section also applies if—

(a) the registrar receives—

(i) an original copy of a relevant order of another jurisdiction; or

(ii) a copy of a relevant order of another jurisdiction certified as a true copy by an officer with authority under the law of that jurisdiction to certify the copy; or

(iii) a notice of the making of a relevant order of another State from an officer in that State with authority under the law of that State to give the notice; and

(b) the relevant order relates to a person with an entry in the adopted children register.

(3) The registrar must re-register the registrable event to which the closed entry relates by—

(a) making a new entry in the register that includes—

(i) all the information that was in the closed entry other than information about the making or discharge of the relevant adoption order; and

(ii) a note that the new entry was made under this section; and

(iii) a reference to the entry closed under subsection (4) ; and

(b) noting on the closed entry—

(i) that the birth or adoption has been re-registered under this section; and

(ii) a reference to the new entry made under paragraph (a) .

(4) Also the registrar must close the entry that was made to register the adoption effected by the relevant adoption order by—

(a) incorporating, in the entry, the notice mentioned in subsection (1) or copy mentioned in subsection (2) (a) (i) to (iii) ; and

(b) noting on the entry—

(i) that the relevant adoption order has been discharged; and

(ii) that the person’s birth or earlier adoption has been re-registered under this section; and

(iii) a reference to the new entry made under subsection (3) (a) .

(5) The registrar may make any other notations in the register that the registrar considers necessary to ensure the register includes the correct information for the person.

(6) In this section—

"closed entry" means the entry for the person’s birth or adoption that was closed because of the relevant adoption order.

"relevant adoption order" means—

(a) the final adoption order that was discharged by the order mentioned in subsection (1) ; or

(b) the order of another jurisdiction, corresponding to a final adoption order, that was discharged by the relevant order mentioned in subsection (2) (a) (i) to (iii) .

"relevant order" , of another jurisdiction, means an order made in the jurisdiction discharging another order corresponding to a final adoption order.

"State" includes New Zealand.