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Contents (1995 - 62)
Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 23 October 2017 at 11:31)
Schedule 3
Schedule 3 Savings, transitional and other provisions
(Section 67)
Part 1 Regulations
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (but only to the extent that it relates to this Act or amendments to the Status of Children Act 1996 that affect the operation of this Act)
any other Act that amends this Act
(2)  Any such savings and transitional provisions may make provision for or with respect to the modification of any of the provisions of Part 2 of this Schedule in the event that the whole of the Registration of Births, Deaths and Marriages Act 1973 is not repealed on the one day.
(3)  Savings or transitional provisions contained in regulations made under this Part may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(4)  To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or any authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or any authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2   Definition
In this Part:
former Act means the Registration of Births, Deaths and Marriages Act 1973, as in force immediately before its repeal.
3   The Register
(1)  A register kept under the Registration of Births, Deaths and Marriages Act 1973 forms part of the Register under this Act.
(2)  An index to a register kept under the Registration of Births, Deaths and Marriages Act 1973 is taken to have been established under this Act.
4   General
Anything done under or for the purposes of a provision of the former Act and having effect immediately before the repeal of the former Act is taken to have been done under or for the purposes of the corresponding provision of this Act.
5   Act applies to registrable events whether occurring before or after repeal of former Act
This Act applies in respect of a registrable event that occurs on or after the repeal of the former Act and, subject to this Part and the regulations under Part 1, extends to apply in respect of a registrable event that occurred before the repeal of the former Act.
6   Obligation to give notice of registrable event occurring before repeal of former Act
The former Act continues to apply in respect of any obligation to give notice of a registrable event that occurred before the repeal of the former Act, as if this Act had not been enacted.
7   Applications made before the repeal of former Act
An application for a certificate, certified copy or extract relating to information on the Register or an application for the inclusion of information in the Register that was made under the former Act, and is pending on the repeal of that Act, is to be dealt with as if this Act had not been enacted.
8   Applications to Supreme Court pending on repeal of former Act
An application pending under section 13 of the former Act (Supreme Court may order registration of birth or stillbirth) immediately before the repeal of the former Act is to be dealt with as if this Act had not been enacted.
9   Orders made by coroner under former Act
(1)  An order made by a coroner under section 49 of the former Act (Order authorising the disposal of a body) that has any effect immediately before the repeal of that Act is taken to have been made under section 53B (1) of the Coroners Act 1980.
(2)  An order made by a coroner under section 50 of the former Act (Examination of body for purpose of section 49) that has any effect immediately before the repeal of that Act is taken to have been made under section 53B (4) of the Coroners Act 1980.
10   Notice given by coroner under former Act for purpose of effecting or completing death registration
(1)  A notice given by a coroner under section 25 (1) of the former Act is taken to have been given under section 16A (1) of the Coroners Act 1980.
(2)  A notice given by a coroner under section 25 (3) of the former Act is taken to have been given under section 16A (2) of the Coroners Act 1980.
11   Death certificate issued before repeal of former Act
A certificate issued under section 26 of the former Act (Certificate of registration of death) is taken to have been issued under section 51 of this Act (Issue of certificate to enable disposal of human remains).
12   Medical certificate given under former Act
(1)  A medical certificate or notice signed by a medical practitioner under section 24 (2) of the former Act in respect of a death that occurred before the repeal of the former Act is taken to be a notice under section 39 of this Act.
(2)  A medical certificate or notice signed by a medical practitioner under section 18 (2) of the former Act in respect of a stillbirth that occurred before the repeal of the former Act is taken to be a medical certificate or notice under section 12 (3) of this Act.
13   Reference to former Act, Registrars and Register
(1)  A reference in any other Act or any instrument made under an Act or in any instrument of any other kind to the Registration of Births, Deaths and Marriages Act 1973 is taken to be a reference to this Act.
(2)  A reference in any other Act or any instrument made under an Act or in any instrument of any other kind to the Principal Registrar, a Deputy Principal Registrar or a local registrar (within the meaning of the former Act), is taken to be a reference to the Registrar.
(3)  A reference (however expressed) in any other Act or any instrument made under an Act or in any instrument of any other kind to a register under the former Act, is taken to be a reference to the Register under this Act.
14   Local registers kept under former legislation
(1)  If the Registrar corrects an entry about a particular registrable event in the Register and the Registrar considers it impracticable to correct an entry about the same event in a local register, the Registrar need not correct the local register.
(2)  In such a case the Registrar may cause a written notice to be attached to the local register, in such words as the Registrar considers appropriate, to indicate that the information contained in the Register may not be correct.
(3)  The Registrar may assume custody of any local register and may, subject to the Archives Act 1960, destroy or otherwise dispose of such a register in such manner as the Registrar considers appropriate.
(4)  In this clause, a reference to a local register is a reference to a local register within the meaning of the former Act.
15   Saving of regulations under former Act
(1)  The regulations in force under the former Act immediately before its repeal are taken to have been made under this Act. This does not prevent the future amendment or repeal of those regulations.
(2)  For the purposes of the Subordinate Legislation Act 1989, those regulations are taken to have been made when they were made under the former Act.
Part 3 Provisions consequent on enactment of Births, Deaths and Marriages Registration Amendment Act 2007
16   Notification of births
The amendment made to section 12 (2) (a) by the Births, Deaths and Marriages Registration Amendment Act 2007 applies only in relation to births that occur after the commencement of that amendment.
Part 4 Provision consequent on enactment of Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008
17   Application to alter register as consequence of amendment of Status of Children Act 1996
(1)  In this clause:
relevant provisions means section 14 (1A) (a) of, and clause 7 of Schedule 2 to, the Status of Children Act 1996, as inserted by the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008.
(2)  An application may be made to the Registrar for the addition of registrable information, about the identity of a woman who is presumed to be a parent of the child under the relevant provisions, in the birth registration of a child born before the commencement of those provisions.
(3)  The Registrar is to determine the application by making the addition or refusing to make the addition.
(4)  The Registrar must not add registrable information in the child’s birth registration about the identity of the woman as a parent of the child unless:
(a)  the application is made jointly by that woman and the birth mother, and
(b)  if the child’s birth registration already includes registrable information that purports to identify a person as the father of the child:
(i)  that person has given his consent to the removal of the particulars from the birth registration that identify him as the father of the child (or a court or the regulations authorise their removal because the person is not the father by operation of law or otherwise), and
(ii)  the Registrar removes those particulars from the birth registration, and
(c)  if the Registrar requires verification of the information contained in the application—the application is accompanied by a statutory declaration verifying the information contained in the application and any other evidence that the Registrar may require.
(5)  An application made under this clause must be in a form approved by the Registrar.
(6)  This clause has effect despite sections 18 and 20 of this Act and clause 7 (2) of Schedule 2 to the Status of Children Act 1996.
Part 5 Provisions consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2008
18   Orders for registration under section 19
The Registrar is not obliged to comply with an order under section 19 (1) (a) made before the commencement of section 19 (1A), as inserted by the Courts and Crimes Legislation Further Amendment Act 2008, if such an order could not have lawfully been made after that commencement.
19   Validation of previously issued birth certificates
Anything that has been done or omitted to be done by the Registrar at any time before the commencement of section 25A (as inserted by the Courts and Crimes Legislation Further Amendment Act 2008), and that would have been validly done or omitted had section 25A then been in force, is taken to have been validly done or omitted.
20   Pending applications
An amendment made to this Act by the Births, Deaths and Marriages Registration Amendment (Change of Name) Act 2009 does not apply to, or affect the determination of, an application under this Act for registration of a change of name if the application was made before the commencement of the amendment but was not finally determined before that commencement.
21   Memorandum of understanding
The memorandum of understanding entered into for the purposes of clause 8 (2) of the Births, Deaths and Marriages Registration Regulation 2006 (as in force before its repeal by the Births, Deaths and Marriages Registration Amendment (Change of Name) Act 2009) is taken to have been entered into for the purposes of section 46A and may be amended, revoked or replaced accordingly.
22   Definition
In this Part, amending Act means the Births, Deaths and Marriages Registration Amendment (Change of Name) Act 2012.
23   Approvals required for change of name of restricted persons
Division 3 of Part 5 (as inserted by the amending Act) does not apply to or in respect of a change of name of a restricted person (within the meaning of that Part) if the application for the change of name was made before the commencement of that Division.
24   Change of name of former serious offenders
A reference in section 31F (as inserted by the amending Act):
(a)  to a former serious offender includes a reference to a person who ceased to be a serious offender before the commencement of the section, and
(b)  to a release date is a reference to a release date whether occurring before or after the commencement of the section, and
(c)  to any period of time includes a reference to any period of time occurring wholly or partly before the commencement of the section.
Part 8 Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2012
25   Reviews and appeals
(1)  In this clause, amending Act means the Statute Law (Miscellaneous Provisions) Act 2012.
(2)  Sections 31J and 31K as amended by the amending Act extend to decisions in relation to the making of an application to a registering authority for a change of name that were made after the commencement of those sections and before the commencement of this clause.
(3)  For the purpose only of determining the period within which an application for a review may be made under section 31J, or an appeal may be made under section 31K, in relation to a decision referred to in subclause (2) that was made before the commencement of this clause, the decision is taken to have been made on the commencement of this clause.
Part 9 Provision consequent on enactment of Courts and Other Legislation Further Amendment Act 2013
26   Application of amendments relating to change of name applications
Section 46A (1) and (2), as amended by the Courts and Other Legislation Further Amendment Act 2013, extend to information relating to applications made before the amendment of those subsections by that Act.