Australian Capital Territory
Births, Deaths and Marriages Registration Regulation 1998    
SL1998-36
made under the
Births, Deaths and Marriages Registration Act 1997
Republication No 16
Effective:  10 June 2014 – 28 August 2016
Republication date: 10 June 2014
Last amendment made by A2014‑18

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 Regulation 1998, made under the Births, Deaths and Marriages Registration Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 June 2014.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 June 2014.  
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.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Births, Deaths and Marriages Registration Regulation 1998
made under the
Births, Deaths and Marriages Registration Act 1997
    
Contents
	Page
	1	Name of regulation	2
	4	Notification of birth	2
	5	Registration of births	3
	5A	Change of name entries in register—Act, s 21	4
	6	Application to alter register to record change of sex	4
	7	Issue of birth certificates—Act, s 27 (2) (c)	5
	8A	Registration of civil union—Act, s 32B (1) and (3)	5
	8B	Particulars of end of civil union—Act, s 32C (2)	6
	8C	Particulars of civil partnership—Act, s 32D (2)	7
	8D	Particulars of end of civil partnership—Act, s 32E (2)	8
	9	Notification of deaths by funeral directors	8
	10	Removal of remains from the ACT	10
	11	Nondisposal of remains	11
	12	Manner of registration	11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	16
	5	Earlier republications	18

Australian Capital Territory
Births, Deaths and Marriages Registration Regulation 1998     

made under the
Births, Deaths and Marriages Registration Act 1997

    

  

1	Name of regulation
This regulation is the Births, Deaths and Marriages Registration Regulation 1998.
4	Notification of birth
	(1)	For the Act, section 5 (2) (a), 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)	if the sex of the child is determinable—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 subsection (1) (e)—
	(a)	a weight must be expressed in grams; and
	(b)	a period must 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)	if the sex of the child is determinable—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 or other parent of the child;
	(i)	the place of birth of the father or other parent of the child and his date of birth or, if the date of birth is not known, his age;
	(j)	whether or not the parents of the child are in a domestic partnership;
Note	For the meaning of domestic partnership, see the Legislation Act, s 169.
	(k)	if the parents of the child are married, in a civil union or civil partnership—the date and place of the marriage, civil union or civil partnership;
	(l)	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);
	(m)	the number of any deceased male and any deceased female children of the relationship of the parents of the child;
	(n)	the name of not less than 1 person who witnessed the birth including, if the birth was witnessed by a doctor, midwife or nurse, the name of not less than 1 of them;
	(o)	the name, occupation, place of residence and relationship to the child, if any, of the person providing the information.
5A	Change of name entries in register—Act, s 21
The following particulars are prescribed:
	(a)	the person’s name immediately before the change of name;
	(b)	the name shown on the person’s original birth certificate, and any other former names of the person;
	(c)	the person’s name as changed;
	(d)	the person’s sex;
	(e)	the person’s date and place of birth;
	(f)	the name and any former name of the person’s mother;
	(g)	the name and any former name of the person’s father.
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.
	(2)	In this section, 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—Act, s 27 (2) (c)
The following people are specified:
	(a)	a parent of, or person with parental responsibility for, the person;
	(b)	an executor or administrator of the estate of the person;
	(c)	a lawyer authorised by a person mentioned in—
	(i)	paragraph (a) or (b); or 
	(ii)	the Act, section 27 (2) (a) or (b).
8A	Registration of civil union—Act, s 32B (1) and (3)
	(1)	The following particulars are prescribed:
	(a)	the date and place of the declaration under the Civil Unions Act 2012, section 9 (How civil union is entered into);
	(b)	the full name of at least 1 witness to the declaration;
	(c)	the celebrant’s full name;
	(d)	details of the civil union celebrant’s registration under that Act, part 3;
	(e)	the following particulars for each person who is a party to the civil union:
	(i)	the person’s full name;
	(ii)	the person’s home address;
	(iii)	the person’s date and place of birth;
	(iv)	the person’s relationship status before entering into the civil union;
	(v)	the person’s occupation;
	(vi)	the full name of each of the person’s parents.
	(2)	In this section:
relationship status means the status or condition of being—
	(a)	single; or
	(b)	divorced; or
	(c)	widowed; or
	(d)	the domestic partner (other than the spouse or civil union partner) of someone else.
Note	For the meaning of domestic partner, see the Legislation Act, s 169.
8B	Particulars of end of civil union—Act, s 32C (2)
The following particulars are prescribed:
	(a)	for a civil union ended under the Civil Unions Act 2012, section 12 (Ending civil union by parties)—
	(i)	the date the termination notice was given to the registrar‑general under that Act, section 12 (1); and
	(ii)	the date the civil union ended;
	(b)	for a civil union ended under the Civil Unions Act 2012, section 14 (Ending civil union by court order)—
	(i)	the date the order was made; and
	(ii)	the date the civil union ended.
8C	Particulars of civil partnership—Act, s 32D (2)
	(1)	The following particulars are prescribed:
	(a)	the date and place of registration of the civil partnership under the Domestic Relationships Act 1994, section 37F (1) (a) (Decision on application);
	(b)	the following particulars for each person who is a party to the civil partnership:
	(i)	the person’s full name;
	(ii)	the person’s home address;
	(iii)	the person’s date and place of birth;
	(iv)	the person’s relationship status before entering into the civil partnership;
	(v)	the person’s occupation;
	(vi)	the full name of each of the person’s parents.
	(2)	In this section:
relationship status means the status or condition of being—
	(a)	single; or
	(b)	divorced; or
	(c)	widowed; or
	(d)	the domestic partner (other than the spouse, civil union partner or civil partner) of someone else.
Note	For the meaning of domestic partner, see the Legislation Act, s 169.
8D	Particulars of end of civil partnership—Act, s 32E (2)
The following particulars are prescribed:
	(a)	for a civil partnership ended under the Domestic Relationships Act 1994, section 37I (Ending civil partnership by parties)—
	(i)	the date the termination notice was given to the registrar‑general under that Act, section 37I (1); and
	(ii)	the date the civil partnership ended;
	(b)	for a civil partnership ended under the Domestic Relationships Act 1994, section 37K (Ending civil partnership by court order)—
	(i)	the date the order was made; and
	(ii)	the date the civil partnership ended.
9	Notification of deaths by funeral directors
	(1)	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)	whether the deceased was an Aboriginal or Torres Strait Islander person;
	(e)	the usual occupation of the deceased;
	(f)	if the deceased was born outside Australia—the length of the period during which he or she has been in Australia;
	(g)	whether or not the deceased was in a domestic partnership at the time of death;
	(h)	if the deceased had been in a domestic partnership at any time—
	(i)	if the deceased had been married, in a civil union or civil partnership—the date and place of each marriage, civil union or civil partnership; and
	(ii)	in any case—the name and any former name of each domestic partner.
Note	For the meanings of domestic partner and domestic partnership, see the Legislation Act, s 169.
	(i)	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;
	(j)	the name, any former name and the occupation of the mother of the deceased;
	(k)	the name, any former name and the occupation of the father or other parent of the deceased;
	(l)	the date of the disposal of the remains of the deceased;
	(m)	the name and address of the funeral director or other person who arranged for the disposal of the remains;
	(n)	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;
	(o)	the name of a person who witnessed the disposal of the remains.
	(2)	In this section:
Aboriginal or Torres Strait Islander person means a person who—
	(a)	was a descendant of an Aboriginal person or Torres Strait Islander person; and
	(b)	identified as an Aboriginal person or Torres Strait Islander person; and
	(c)	was accepted as an Aboriginal person or Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
10	Removal of remains from the ACT
For the Act, section 37 (2), the following particulars are required:
	(a)	the name and last home address of the deceased;
Note	Home address is defined in the Legislation Act, dict, pt 1.
	(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 where the examination is to take place;
	(e)	whether or not the death was reported to a coroner;
Note	Coroner—see the Legislation Act, dictionary, pt 1.
	(f)	the information specified in section 9 (a) to (k) and, if the remains were disposed of within 30 days after the date of death, the information specified in section 9 (l) to (o).
11	Nondisposal of remains
For the Act, section 37 (3) (c), the following information is required:
	(a)	the information specified in section 9 (a) to (k);
	(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 home address of the deceased;
Note	Home address is defined in the Legislation Act, dict, pt 1.
	(b)	the matters set out in section 9 (a) to (o);
	(c)	whether or not the death was reported to a coroner;
Note	Coroner—see the Legislation Act, dictionary, pt 1.
	(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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This regulation was originally the Births, Deaths and Marriages Registration Regulations.  It was renamed under the Legislation Act 2001.
Births, Deaths and Marriages Registration Regulation 1998 SL1998‑36
notified 9 December 1998	 (Gaz 1998 No S211)
commenced 24 June 1998 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 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 see Gaz 2001 No S65)
Births, Deaths and Marriages Registration Amendment Regulations 2002 SL2002-13
notified LR 11 June 2002
s 1, s 2 commenced 11 June 2002 (LA s 75)
remainder commenced 12 June 2002 (s 2)
Parentage Act 2004 A2004-1 sch 1 pt 1.5
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.5 commenced 22 March 2004 (s 2 and CN2004-3)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.2
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.2 commenced 22 March 2004 (s 2 and CN2004-4)
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.4
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.4 commenced 25 August 2004 (s 2 (1))
Civil Unions Act 2006 A2006-22 sch 1 pt 1.5
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.5 never commenced
Note	Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Births, Deaths and Marriages Registration Amendment Regulation 2006 (No 1) SL2006-44
notified LR 14 August 2006
s 1, s 2 commenced 14 August 2006 (LA s 75 (1))
remainder commenced 15 August 2006 (s 2)
Births, Deaths and Marriages Registration Amendment Regulation 2008 (No 1) SL2008-6
notified LR 11 March 2008
s 1, s 2 commenced 11 March 2008 (LA s 75 (1))
remainder commenced 12 March 2008 (s 2)
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.4
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.4 commenced 19 May 2008 (s 2 and CN2008-8)
Civil Partnerships Amendment Act 2009 A2009-41 sch 1 pt 1.2
notified LR 18 November 2009
s 1, s 2 commenced 18 November 2009 (LA s 75 (1))
sch 1 pt 1.2 commenced 19 November 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.5
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.5 commenced 17 December 2009 (s 2)
Births, Deaths and Marriages Registration Amendment Regulation 2009 (No 1) SL2009-58
notified LR 17 December 2009
s 1, s 2 commenced 17 December 2009 (LA s 75 (1))
remainder commenced 18 December 2009 (s 2 and see Civil Partnerships Amendment Act 2009 (No 2) A2009-57 s 2)
Civil Unions Act 2012 A2012-40 sch 3 pt 3.5
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.5 commenced 11 September 2012 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.3
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.3 commenced 7 November 2013 (s 2 and CN2013-11)
Note	The High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)
Births, Deaths and Marriages Registration Amendment Act 2014 A2014‑8 sch 1 pt 1.1
notified LR 27 March 2014
s 1, s 2 commenced 27 March 2014 (LA s 75 (1))
sch 1 pt 1.1 commenced 26 April 2014 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.2
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.2 commenced 10 June 2014 (s 2 (1))

4	Amendment history
Name of regulation
s 1	am R2 LA
	sub A2004‑42 amdt 3.21
	am R6 LA
Commencement
s 2	om A2001‑44 amdt 1.366
Definition
s 3	om A2001‑44 amdt 1.366
Notification of birth
s 4	am A2014‑8 amdt 1.1, amdt 1.2
Registration of births
s 5	am A2004‑1 amdt 1.19; A2004‑2 amdt 1.9; pars renum R4 LA (see A2004‑2 amdt 1.10); A2006‑22 amdt 1.20 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.10; A2012‑40 amdt 3.19; A2014‑8 amdt 1.3
Change of name entries in register—Act, s 21
s 5A	ins SL2008‑6 s 4
Application to alter register to record change of sex
s 6	am A2006‑22 amdt 1.21 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.11
Issue of birth certificates—Act, s 27 (2) (c)
s 7	am A2006‑22 amdt 1.22 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.12; A2012‑40 amdt 3.20
	sub A2014‑8 amdt 1.4
Effect of certificates issued for transsexual people
s 8	am SL2002‑13 s 4
	om A2014‑8 amdt 1.5
Particulars of end of civil union—Act, s 32A (2)
s 8A	ins A2008‑14 amdt 1.13
	am A2009‑41 amdts 1.2-1.4; pars and ss renum R10 LA; SL2009‑58 ss 4-6; ss renum R12 LA
	sub A2012‑40 amdt 3.21; A2013‑39 amdt 2.8 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Particulars of end of civil union—Act, s 32C (2)
s 8B	ins A2008‑14 amdt 1.13
	sub A2012‑40 amdt 3.21
	om A2013‑39 amdt 2.8 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Particulars of civil partnership—Act, s 32D (2)
s 8C	ins A2012‑40 amdt 3.21
Particulars of end of civil partnership—Act, s 32E (2)
S 8D	ins A2012‑40 amdt 3.21
Notification of deaths by funeral directors
s 9	am A2004‑1 amdt 1.19; A2004‑2 amdt 1.11; A2006‑22 amdt 1.23 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); SL2006‑44 s 4; pars renum R7 LA; A2008‑14 amdt 1.14; A2012‑40 amdt 3.22; A2014‑18 amdt 3.5, amdt 3.6
Removal of remains from the ACT
s 10	am A2009‑49 amdt 3.12; A2014‑18 amdt 3.7
Manner of registration
s 12	am A2009‑49 amdt 3.13; A2014‑18 amdt 3.8

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.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 May 2000	
2	A2001‑44	12 September 2001	
3	SL2002‑13	12 June 2002	
4	A2004‑2	22 March 2004	
5	A2004‑42	25 August 2004	
6	A2004‑42	3 November 2004	
7	SL2006‑44	15 August 2006	
8	SL2008‑6	12 March 2008	
9	A2008‑14	19 May 2008	
10	A2009‑41	19 November 2009	
11	A2009‑49	17 December 2009	
12	SL2009‑58	18 December 2009	
13	A2012‑40	11 September 2012	
14	A2013‑39 (never effective)	7 November 2013	
14 (RI)	A2013‑39 (never 
effective) ≠	24 February 2014	
15	A2014-8	26 April 2014	
≠ reissue because of High Court decision in relation to A2013-39	

©  Australian Capital Territory 2014