Australian Capital Territory
Justice Legislation Amendment Act 2016
A2016-7
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Births, Deaths and Marriages Registration Act 1997
	4	Notification of births
Section 5	3
	5	New section 5 (8)	3
	6	Registration of parentage order
Section 16A (1)	3
	7	Change of name entries in register
Section 21 (2) (a) (i)	4
	8	Section 21 (3)	4
	9	New division 4.1 heading	4
	10	Application to alter register to record change of sex
Section 24 (2)	5
	11	Evidence in support of application
Section 25 (1), new notes	5
	12	New division 4.2	5
	13	Protection of privacy
Section 44	9
	14	Confiscation of forged etc instruments
Section 51 (2)	9
	15	Certificate evidence
New section 65 (2A)	9
	16	Regulation‑making power
Section 70 (4), definition of relevant children	10
	17	Reviewable decisions
Schedule 1, new item 6A	10
	18	Dictionary, new definitions	10
Part 3	Births, Deaths and Marriages Registration Regulation 1998
	19	New section 3	11
	20	Notification of birth
Section 4 (1) (g) and (h)	11
	21	Registration of births
Section 5 (f)	12
	22	Section 5 (g)	12
	23	Section 5 (h)	12
	24	Section 5 (i)	12
	25	Section 5 (m)	12
	26	New section 5 (2)	13
	27	Change of name entries in register—Act, s 21
Section 5A (f)	13
	28	Section 5A (g)	13
	29	Application to alter register to record change of sex
Section 6 (1) (b)	13
	30	Section 6 (1) (c)	14
	31	Notification of deaths by funeral directors
Section 9 (1) (j)	14
	32	Section 9 (1) (k)	14
	33	New dictionary	15
Part 4	Liquor Act 2010
	34	Definitions—div 9.3
Section 149, definition of caution offence, paragraph (g)	16
	35	Section 209	16
	36	Section 210 heading	16
	37	Section 210	17
	38	Section 211 heading	17
	39	Section 211 (b)	17
	40	New part 22	17
	41	Dictionary, definition of identification document, subparagraph (a) (ii)	18
	42	Dictionary, definition of interstate proof of age card	18
	43	Dictionary, new definition of interstate proof of identity card	18
	44	Dictionary, definition of proof of age card	18
	45	Dictionary, new definition of proof of identity card	19
Part 5	Parentage Act 2004
	46	Section 7	20
	47	Presumption arising from domestic partnership
Section 8 (1)	20
	48	Section 11	21
	49	Application for parentage declaration
Section 15 (1) (b)	22
	50	Section 15 (1) (c)	22
	51	Annulment of parentage declaration
Section 22 (4)	23
	52	Definitions for div 2.5
Section 23, definition of birth parent	23
	53	Section 23, definition of birth sibling	23
	54	Section 23, definition of procedure	23
	55	Section 23, definition of substitute parent agreement	24
	56	Parentage order
Section 26 (3) (c) (ii)	24
	57	Name of child
Section 28	24
	58	Medical information
Section 30 (3) (c) and (d)	24
	59	Section 30 (3) (e)	25
	60	Children all of equal status
Section 38 (1)	25
	61	Construction of instruments
Section 39 (3) (b)	25
	62	Section 39 (8), definition of exnuptial child	25
Schedule 1	Other amendments	26
Part 1.1	Casino Control Act 2006	26
Part 1.2	Children and Young People Act 2008	27
Part 1.3	Dangerous Substances (Explosives) Regulation 2004	27
Part 1.4	Dangerous Substances (General) Regulation 2004	27
Part 1.5	Medicines, Poisons and Therapeutic Goods Regulation 2008	28
Part 1.6	Race and Sports Bookmaking Act 2001	29
Part 1.7	Road Transport (Driver Licensing) Act 1999	29
Part 1.8	Road Transport (Driver Licensing) Regulation 2000	30
Part 1.9	Second-hand Dealers Regulation 2002	31
Part 1.10	Smoking in Cars with Children (Prohibition) Act 2011	32
Part 1.11	Tobacco Act 1927	32
Part 1.12	Totalisator Act 2014	32
Part 1.13	Wills Act 1968	33

Australian Capital Territory
Justice Legislation Amendment Act 2016
A2016-7

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:

Part 1	Preliminary
1	Name of Act
This Act is the Justice Legislation Amendment Act 2016.
2	Commencement
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 Legislation Act, s 79).
3	Legislation amended
This Act amends the following legislation:
·	Births, Deaths and Marriages Registration Act 1997
·	Births, Deaths and Marriages Registration Regulation 1998
·	Liquor Act 2010
·	Parentage Act 2004.
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
5	New section 5 (8)
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
8	Section 21 (3)
substitute
	(3)	Any birth certificate issued by the registrar-general for the person must—
	(a)	if the register is altered under subsection (2) (a) (i) (A)—show the person’s name as changed on the front side of the certificate; or
	(b)	if the change of name is noted in the register under subsection (2) (a) (i) (B)—note the person’s name as changed on the reverse side of the certificate.
9	New division 4.1 heading
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 Statutory Declarations Act 1959 (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 Criminal Code, pt 3.4).
12	New division 4.2
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 Statutory Declarations Act 1959 (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 Criminal Code, 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 Parentage Act 2004, 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
19	New section 3
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 Legislation Act, 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
22	Section 5 (g)
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;
23	Section 5 (h)
omit
father or other parent
substitute
other parent (other than the birth parent)
24	Section 5 (i)
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;
25	Section 5 (m)
omit
male and any deceased female 
26	New section 5 (2)
insert
	(2)	For subsection (1) (f) to (i), the word ‘mother’ or ‘father’ may be used to describe either or both of the parents of the child.
27	Change of name entries in register—Act, s 21
Section 5A (f)
omit
mother
substitute
birth parent
28	Section 5A (g)
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
30	Section 6 (1) (c)
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
32	Section 9 (1) (k)
omit
father or other parent
substitute
other parent (other than the birth parent)
33	New dictionary
insert
Dictionary
(see s 3)
Note 1	The Legislation Act 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 Births, Deaths and Marriages Registration Act 1997 (see Legislation Act, 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).

Part 4	Liquor Act 2010
34	Definitions—div 9.3
Section 149, definition of caution offence, paragraph (g)
omit
age
substitute
identity
35	Section 209
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.
36	Section 210 heading
substitute
210	Proof of identity cards
37	Section 210
omit
age
substitute
identity
38	Section 211 heading
substitute
211	Offence—child or young person use false identification to obtain proof of identity card
39	Section 211 (b)
omit
age
substitute
identity
40	New part 22
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 2016, 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 Legislation Act, 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.

Part 5	Parentage Act 2004
46	Section 7
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
48	Section 11
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 other than the person’s domestic partner at the time of the procedure, the person who produced the ovum is conclusively presumed not to be a parent of any child born as a result of the pregnancy. 
	(4)	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.
	(5)	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.
	(6)	For subsection (5), 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
50	Section 15 (1) (c)
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
57	Name of child
Section 28
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
59	Section 30 (3) (e)
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

Schedule 1	Other amendments
(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 Liquor Act 2010, 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
[1.13]	Section 34 etc
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 Liquor Act 2010, 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 Liquor Act 2010, 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
Part 1.11	Tobacco Act 1927
[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
Part 1.13	Wills Act 1968
[1.26]	Section 28A heading
substitute
28A	Devises to people who have altered their sex
[1.27]	Section 28A (1) (b)
omit
successfully undergoes sexual reassignment surgery
substitute
altered their sex
[1.28]	Section 28A (1)
omit
undergone the surgery
substitute
altered their sex
[1.29]	Section 28A (2)
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 19 November 2015.
2	Notification
	Notified under the Legislation Act on 29 February 2016.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Justice Legislation Amendment Bill 2016, which originated in the Legislative Assembly as the Justice Legislation Amendment Bill 2015 and was passed by the Assembly on 16 February 2016. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2016