Australian Capital Territory
Births, Deaths and Marriages Registration Regulations 1998     No 36
made under the
Births, Deaths and Marriages Registration Act 1997
Republication No 3
Republication date: 12 June 2002
Last amendment made by SL 2002 No 13
Amendments incorporated to 12 June 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Births, Deaths and Marriages Registration Regulations 1998, made under the Births, Deaths and Marriages Registration Act 1997, as in force on 12 June 2002.  It includes any amendment, repeal or expiry affecting the republished law to 12 June 2002 and any amendments made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 June 2002

Australian Capital Territory
Births, Deaths and Marriages Registration Regulations 1998
made under the
Births, Deaths and Marriages Registration Act 1997
Contents
	Page
	1	Citation	2
	4	Notification of birth	2
	5	Registration of births	2
	6	Application to alter register to record change of sex	4
	7	Issue of birth certificates	4
	8	Effect of certificates issued in respect of transsexual persons	5
	9	Notification of deaths by funeral directors	5
	10	Removal of remains from the Territory	6
	11	Nondisposal of remains	7
	12	Manner of registration	7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9
	5	Earlier republications	10

Amendments incorporated to
12 June 2002

Australian Capital Territory
Births, Deaths and Marriages Registration Regulations 1998     

made under the
Births, Deaths and Marriages Registration Act 1997

    

  

1	Citation
These regulations may be cited as the Births, Deaths and Marriages Registration Regulations 1998.
4	Notification of birth
	(1)		For the Act, section 5 (3), the following particulars are prescribed:
	(a)	if the child was born in a hospital or was brought to a hospital within 24 hours after birth—the name of the hospital;
	(b)	the sex of the child;
	(c)	the date of birth of the child;
	(d)	whether the child was born alive or stillborn;
	(e)	the weight of the child at birth and, if the child was stillborn, the period of gestation of the child;
	(f)	whether or not the birth was a multiple birth;
	(g)	the name and place of residence of the mother of the child;
	(h)	the name of the doctor or midwife responsible for the professional care of the mother at the birth;
	(i)	if it is known that the child is to be adopted—an indication of that fact;
	(j)	the name and occupation of the person giving the notice.
	(2)		For subregulation (1) (e)—
	(a)	a weight shall be expressed in grams; and
	(b)	a period shall be expressed in completed weeks.
5	Registration of births
For the Act, section 11 (1), the following particulars are prescribed:
	(a)	the name of the child;
	(b)	the sex of the child;
	(c)	the date and place of birth of the child;
	(d)	whether the child was born alive or stillborn;
	(e)	whether or not the birth was a multiple birth and, if it was, the number of children born as a result of the multiple birth and the number of those children born before the child; 
	(f)	the name, any former name and the occupation and place of residence of the mother of the child;
	(g)	the place of birth of the mother of the child and her date of birth or, if the date of birth is not known, her age;
	(h)	the name, any former name, and the occupation and place of residence of the father of the child;
	(i)	the place of birth of the father of the child and his date of birth or, if the date of birth is not known, his age;
	(j)	if the parents of the child are married—the date and place of marriage;
	(k)	the name and age of each other child of the relationship of the parents of the child in order of birth (including any adopted or stillborn child but not including any child given up for adoption);
	(l)	the number of any deceased male and any deceased female children of the relationship of the parents of the child;
	(m)	the name of not less than 1 person who witnessed the birth including, where the birth was witnessed by a doctor, midwife or nurse, the name of not less than 1 of them;
	(n)	the name, occupation, place of residence and relationship to the child, if any, of the person providing the information.
6	Application to alter register to record change of sex
	(1)		For the Act, section 24 (4), the following particulars are prescribed:
	(a)	the name, any former name, the place of residence and the date and place of birth of the relevant person;
	(b)	if known, the name and any former name of the relevant person’s mother;
	(c)	if known, the name and any former name of the relevant person’s father;
	(d)	the sex shown on the relevant person’s original birth certificate;
	(e)	whether the relevant person has ever been married and, if so, the manner in which the marriage was terminated.
	(2)		In this regulation, a reference to a relevant person is a reference to—
	(a)	a person who lodges an application under the Act, section 24 (1); or
	(b)	a child in relation to whom an application is lodged under the Act, section 24 (2).
7	Issue of birth certificates
For the Act,  section 27 (2) (c), the following persons are specified:
	(a)	a parent or guardian of the transsexual person;
	(b)	a spouse or former spouse of the transsexual person;
	(c)	an executor or administrator of the estate of the transsexual person;
	(d)	a lawyer authorised by a person referred to in the Act, section 27 (2) (a) or (b) or paragraphs (a), (b) or (c) of this regulation.
8	Effect of certificates issued in respect of transsexual persons
For the Act, section 29 (3), definition of interstate recognition certificate, the following laws are prescribed:
	(a)	the Births, Deaths and Marriages Registration Act 1995 (NSW);
	(b)	the Sexual Reassignment Act 1988 (SA);
	(c)	the Births, Deaths and Marriages Registration Act (NT);
	(d)	the Births, Deaths and Marriages Registration Act 1999 (Tas);
	(e)	the Gender Reassignment Act 2000 (WA).
9	Notification of deaths by funeral directors
For the Act, section 37 (1) (d), the following information is required:
	(a)	the date and place of death of the deceased;
	(b)	the sex of the deceased;
	(c)	the date and place of birth of the deceased;
	(d)	the usual occupation of the deceased;
	(e)	if the deceased was born outside Australia—the length of the period during which he or she has been in Australia;
	(f)	the marital status of the deceased immediately before death;
	(g)	if the deceased had been married at any time—the date and place of each marriage and the name and any former name of each spouse;
	(h)	the name of each child of the deceased (including any adopted child but not including any child given up for adoption) in order of birth, indicating the age of the child at the date of death of the deceased and whether the child predeceased the deceased;
	(i)	the name, any former name and the occupation of the mother of the deceased;
	(j)	the name, any former name and the occupation of the father of the deceased;
	(k)	the date of the disposal of the remains of the deceased;
	(l)	the name and address of the funeral director or other person who arranged for the disposal of the remains;
	(m)	if a celebrant was present at the burial or cremation—the name of the celebrant and, if the celebrant is a minister of religion, his or her denomination;
	(n)	the name of a person who witnessed the disposal of the remains.
10	Removal of remains from the Territory
For the Act, section 37 (2), the following particulars are required:
	(a)	the name and last residential address of the deceased;
	(b)	the name, occupation and address of the funeral director or other person who arranged the removal;
	(c)	the date of the removal of the remains of the deceased;
	(d)	the purpose of the removal and, if the removal was for anatomical examination, the name of the institution at which the examination is to take place;
	(e)	whether or not the death was reported to a coroner;
	(f)	the information specified in regulation 9 (a) to (j) and, if the remains were disposed of within 30 days after the date of death, the information specified in regulation 9 (k) to (n).
11	Nondisposal of remains
For the Act, section 37 (3) (c), the following information is required:
	(a)	the information specified in regulation 9 (a) to (j);
	(b)	the name, occupation and place of residence of the person having custody of the remains.
12	Manner of registration
For the Act, section 38 (1), the following particulars are prescribed:
	(a)	the name and last residential address of the deceased;
	(b)	the matters set out in regulation 9 (a) to (n);
	(c)	whether or not the death was reported to a coroner;
	(d)	the place and manner of the disposal of the remains of the deceased.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
These regulations were originally the Births, Deaths and Marriages Registration Regulations.  They were renamed as the Birth, Deaths and Marriages Registration Regulations 1998 under the Legislation Act 2001.
Births, Deaths and Marriages Registration Regulations 1998 No 36
notified 9 December 1998	
commenced 24 June 1998 (reg 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 36
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 36 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Births, Deaths and Marriages Registration Amendment Regulations 2002 No 13
notified LR 11 June 2002
reg 1, reg 2 commenced 11 June 2002 (LA s 75)
remainder commenced 12 June 2002 (reg 2)
4	Amendment history
Citation
reg 1	am R2 LA
Commencement
reg 2	om Act 2001 No 44 amdt 1.366
Definition
reg 3	om Act 2001 No 44 amdt 1.366
Effect of certificates issued in respect of transsexual persons
reg 8	am 2002 No 13 reg 4

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 May 2000	
2	Act 2001 No 44	12 September 2001	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002