{"id":"births-deaths-and-marriages-registration-act-1996","name":"Births, Deaths and Marriages Registration Act 1996","slug":"births-deaths-and-marriages-registration-act-1996","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29872,"registerId":"nt-births-deaths-and-marriages-registration-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Births, Deaths and Marriages Registration Act 1996","content":"NORTHERN TERRITORY OF AUSTRALIA\nBIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996\nAs in force at 20 December 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Definitions ........................................................................................ 2\n4A Application of Criminal Code ........................................................... 4\nPart 2 Administration\nDivision 1 Registrar\n5 Registrar .......................................................................................... 4\n6 Registrar's general functions ........................................................... 4\n7 Deputy Registrars ............................................................................ 4\n8 Delegation ....................................................................................... 4\nDivision 2 Execution of documents\n9 Registrar's seal ................................................................................ 5\n10 Execution of documents .................................................................. 5\nDivision 3 Reciprocal administrative arrangements\n11 Reciprocal administrative arrangements ......................................... 5\nPart 3 Registration of births\nDivision 1 Notification of births\n12 Notification of births ......................................................................... 6\nDivision 2 Registration of births\n13 When registration of birth is required or authorised ......................... 7\n14 How to have birth of child registered ............................................... 8\n15 Responsibility to have birth registered ............................................. 8\n16 Obligation to have birth registered ................................................... 8\n17 Registration ..................................................................................... 8\n\nBirths, Deaths and Marriages Registration Act 1996 ii\nDivision 3 Court order for registration of birth\n18 Jurisdiction of Court to order registration of birth ............................. 9\nDivision 4 Alteration of details of birth registration\n19 Addition of details of parentage after registration of birth ................ 9\nDivision 5 Child's name\n20 Name of child................................................................................. 10\n21 Dispute about child's name............................................................ 10\nPart 4 Change of name\n22 Change of name by registration..................................................... 11\n23 Application to register change of adult's name .............................. 11\n24 Application to register change of child's name ............................... 11\n25 Child's consent to change of name ................................................ 12\n25A Convictions of person to be included in application ....................... 12\n26 Registration of change of name ..................................................... 13\n26A Limitation on number of changes of name ..................................... 13\n26B Exceptions to certain requirements and limitation ......................... 14\n27 Entries to be made in Register ...................................................... 14\n27A Change of name of serious sex offender ....................................... 15\n28 Change of name may still be established by repute or usage ....... 15\nPart 4A Registration of change of sex or gender\n28A Definitions ...................................................................................... 16\n28B Application to register change of sex or gender............................. 16\n28C Information that must accompany application................................ 17\n28CA Child's consent to change of sex or gender ................................... 18\n28D Registration of change of sex or gender ........................................ 18\n28E Issuing of birth certificate after noting change ............................... 18\n28F Issuing of old birth certificate ......................................................... 18\n28G Use of old birth certificate .............................................................. 18\n28H Effect of registration of person's change of sex or gender ............. 19\n28J Recognition certificate ................................................................... 19\nPart 4B Registration of parentage order\n28K Definition........................................................................................ 19\n28L Registration of parentage order ..................................................... 19\n28M Registration of birth ....................................................................... 19\n28N Issuing of birth certificate after parentage order ............................ 20\n28P Request for original birth certificate ............................................... 21\n\nBirths, Deaths and Marriages Registration Act 1996 iii\nPart 5 Registration of marriages\n29 When registration of marriage is required ...................................... 21\n30 How to have marriage registered................................................... 21\n31 Registration of marriage ................................................................ 21\nPart 6 Registration of deaths\nDivision 1 When registration of death is required or\nauthorised\n32 Deaths to be registered under this Act .......................................... 22\n33 Power to direct registration of death .............................................. 22\nDivision 2 Notification of deaths\n34 Notification of deaths by doctors.................................................... 22\n35 Notification of cause of death by coroner ...................................... 23\n36 Notification by funeral director ....................................................... 23\nDivision 3 Registration of death\n37 Registration ................................................................................... 24\nPart 7 Register\nDivision 1 Keeping of Register\n38 Register ......................................................................................... 25\nDivision 2 Registrar's powers of inquiry\n39 Registrar's powers of inquiry ......................................................... 25\nDivision 3 Correction of Register\n40 Correction of Register .................................................................... 26\nDivision 4 Access to, and certification of, Register\nentries\n41 Access to Register......................................................................... 26\n42 Search of Register ......................................................................... 27\n43 Protection of privacy ...................................................................... 28\n44 Issue of certificate.......................................................................... 28\n45 Access policies .............................................................................. 29\n46 Fees .............................................................................................. 29\n47 Power to remit fees........................................................................ 29\n\nBirths, Deaths and Marriages Registration Act 1996 iv\nPart 8 General power of review\n48 Review ........................................................................................... 29\nPart 9 Miscellaneous matters\n49 Misleading information ................................................................... 30\n50 Unauthorised access to Register ................................................... 31\n51 Falsification of certificate ............................................................... 31\n52 Immunity from liability .................................................................... 32\n53 Adoption of Children Act 1994 not affected ................................... 33\n54 Regulations.................................................................................... 33\n55 Repeal ........................................................................................... 33\nPart 10 Transitional matters\nDivision 1 Births, Deaths and Marriages Registration Act\n56 Savings and transitional ................................................................ 33\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction\nAmendments) Act 2014\n57 Definitions ...................................................................................... 33\n58 Review of Registrar's decision made before commencement ....... 34\n59 Review of Registrar's decision made after commencement .......... 34\nSchedule Ordinances and Acts repealed\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 December 2022\n____________________\nBIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996\nAn Act for the registration of births, deaths and marriages and related\nmatters\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Births, Deaths and Marriages\nRegistration Act 1996.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Objects of Act\nThe objects of this Act are to provide for:\n(a) the registration of births, deaths and marriages in the Northern\nTerritory of Australia; and\n(b) the registration of changes of name and sex or gender; and\n(c) the keeping of registers for recording and preserving\ninformation about births, deaths, marriages and changes of\nname in perpetuity; and\n(d) access to the information in the registers in appropriate cases\nby government or private agencies and members of the public,\nfrom within and outside the Territory; and\n(e) the issue of certified information from the registers; and\n(f) the collection and dissemination of statistical information.\n\nPart 1 Preliminary matters\nBirths, Deaths and Marriages Registration Act 1996 2\n4 Definitions\nIn this Act:\nadult means a person who is 18 or above or, although under 18, is\nor has been married.\nauthorised celebrant means an authorised celebrant under the\nMarriage Act 1961 (Cth).\nbirth includes still-birth.\nchange of name includes an addition, omission or substitution.\nchild includes a still-born child.\ncorresponding law means a law of a State that provides for the\nregistration of births, deaths and marriages.\nCourt means the Supreme Court.\ndeath does not include a still-birth.\nDeputy Registrar means a Deputy Registrar of Births, Deaths and\nMarriages appointed under section 7.\ndisposal of human remains means any of the following:\n(a) cremation of the remains;\n(b) burial of the remains (including burial at sea);\n(c) placing the remains in a mausoleum or other permanent\nresting place;\n(d) placing the remains in the custody of an educational or\nscientific institution for the purpose of medical education or\nresearch;\n(e) removal of the remains from the Territory (but not if the\nremains have been cremated or are taken from the Territory\nby sea and buried at sea in the course of the voyage);\n(f) any other process for the disposal of human remains under\nthe Burial and Cremation Act 2022.\ndoctor means a medical practitioner.\nfuneral director means a person who carries on the business of\narranging for the disposal of human remains.\n\nPart 1 Preliminary matters\nBirths, Deaths and Marriages Registration Act 1996 3\nprohibited name means a name that:\n(a) is obscene or offensive; or\n(b) could not practicably be established by repute or usage:\n(i) because it is too long; or\n(ii) because it consists of or includes symbols without\nphonetic significance; or\n(iii) for some other reason; or\n(c) includes or resembles an official title or rank; or\n(d) is contrary to the public interest for some other reason.\nregistrable event means:\n(a) a birth, death or marriage; or\n(b) a change of parentage under the Surrogacy Act 2022; or\n(c) a change of name, sex or gender.\nregistrable information means information that may be included in\nthe Register.\nRegister means the Register maintained under section 38.\nregistering authority means an authority responsible under a\ncorresponding law for the registration of births, deaths and\nmarriages.\nRegistrar means the Registrar of Births, Deaths and Marriages\nappointed under section 5.\nState includes a Territory.\nstill-birth means the birth of a still-born child.\nstill-born child means a child of at least 20 weeks' gestation or\nwith a body mass of at least 400 grams at birth that exhibits no sign\nof respiration or heartbeat, or other sign of life, after birth.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart 2 Administration\nDivision 1 Registrar\nBirths, Deaths and Marriages Registration Act 1996 4\n4A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Administration\nDivision 1 Registrar\n5 Registrar\n(1) The Minister must appoint a person to be the Registrar of Births,\nDeaths and Marriages.\n(2) The Registrar is responsible, subject to the Minister's control and\ndirection, for the administration of this Act.\n6 Registrar's general functions\nThe Registrar's general functions are to:\n(a) establish and maintain the registers necessary this Act; and\n(b) administer the registration system established by this Act and\nensure that it operates efficiently, effectively and economically;\nand\n(c) ensure that this Act is administered in the way best calculated\nto achieve its objects.\n7 Deputy Registrars\n(1) The Minister may appoint such persons as he or she thinks fit to be\nDeputy Registrars of Births, Deaths and Marriages.\n(2) A Deputy Registrar has the powers and functions of the Registrar\nbut is subject to direction by the Registrar.\n8 Delegation\nThe Registrar may, in writing, delegate to a person, including the\nperson from time to time holding, acting in or performing the duties\nof an office, designation or position, any of his or her powers and\nfunctions under this Act, other than this power of delegation.\n\nPart 2 Administration\nDivision 3 Reciprocal administrative arrangements\nBirths, Deaths and Marriages Registration Act 1996 5\nDivision 2 Execution of documents\n9 Registrar's seal\nThe Registrar has a seal.\n10 Execution of documents\n(1) The Registrar or a Deputy Registrar may issue a certificate or other\ndocument under his or her signature and the seal, or a facsimile of\nhis or her signature and the seal produced by stamp, machine\nimprint or some other method authorised by the Regulations.\n(2) If a document produced before a court or an administrative\nauthority or official is apparently under:\n(a) the signature of the Registrar or a Deputy Registrar and the\nseal; or\n(b) a facsimile of the signature of the Registrar or a Deputy\nRegistrar and the seal produced by stamp, machine imprint, or\nsome other method authorised by the Regulations;\nthe court, authority or official must presume, in the absence of\nevidence to the contrary, that the document was properly issued\nunder the authority of the Registrar or the Deputy Registrar.\nDivision 3 Reciprocal administrative arrangements\n11 Reciprocal administrative arrangements\n(1) Subject to subsection (4), the Minister may enter into an\narrangement with the Minister responsible for the administration of\na corresponding law providing for:\n(a) the exercise by the Registrar of powers and functions of the\nregistering authority under the corresponding law; and\n(b) the exercise by the registering authority under the\ncorresponding law of powers and functions of the Registrar\nunder this Act.\n(2) When an arrangement is in force under this section:\n(a) the Registrar may exercise, to the extent authorised by the\narrangement (but subject to the conditions of the\narrangement), the powers and functions of the registering\nauthority under the corresponding law; and\n\nPart 3 Registration of births\nDivision 1 Notification of births\nBirths, Deaths and Marriages Registration Act 1996 6\n(b) the registering authority under the corresponding law may\nexercise, to the extent authorised by the arrangement (but\nsubject to the conditions of the arrangement), the powers and\nfunctions of the Registrar under this Act.\n(3) An arrangement under this section may:\n(a) establish a data base in which information is recorded for the\nbenefit of all the participants in the arrangement; and\n(b) provide for access to information contained in the data base;\nand\n(c) provide for payments by or to participants in the arrangement\nfor services provided under the arrangement.\n(4) The Minister must not enter into an arrangement under this section\nunless he or she is satisfied that the security arrangements and the\naccess policies in place under the corresponding law are at least\nequal to those in place in the Territory.\nPart 3 Registration of births\nDivision 1 Notification of births\n12 Notification of births\n(1) When a child is born in the Territory, the responsible person must\ngive notice of the birth to the Registrar including the particulars\nrequired by the Regulations.\n(2) Notice under subsection (1) must be given within 10 days after the\nbirth.\n(3) When notice of a still-birth is given, the responsible person must\nalso give the Registrar a doctor's certificate, in a form approved by\nthe Registrar, certifying the cause of foetal death.\n(4) The certificate must be completed by the doctor responsible for the\nprofessional care of the mother at the birth or a doctor who\nexamined the body of the still-born child after the birth.\n(5) Where a child is born in a custodial correctional facility a notice\nunder subsection (1) must not refer to the place of birth as the\ncustodial correctional facility, other than by referring to the name of\nthe city or town in which the custodial correctional facility is located\nor the city or town nearest to the custodial correctional facility.\n\nPart 3 Registration of births\nDivision 2 Registration of births\nBirths, Deaths and Marriages Registration Act 1996 7\n(5A) A responsible person commits an offence if the responsible person\nfails to comply with subsection (1) or (3).\nMaximum penalty: 8 penalty units\n(5B) An offence against subsection (5A) is an offence of strict liability.\n(5C) It is a defence to a prosecution for an offence against\nsubsection (5A) constituted by a failure to comply with\nsubsection (3) if the defendant has a reasonable excuse.\n(6) In this section:\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\nresponsible person means:\n(a) for a child born in a hospital or brought to a hospital within\n24 hours after birth – the chief executive officer of the hospital;\nor\n(b) for a child born in a mental institution – the chief executive\nofficer of the mental institution; or\n(ba) for a child born in a custodial correctional facility – the\nCommissioner of Correctional Services; or\n(c) for any other child – the doctor, midwife or health worker\nresponsible for the professional care of the mother at the birth.\nDivision 2 Registration of births\n13 When registration of birth is required or authorised\n(1) If a child is born in the Territory, the birth must be registered under\nthis Act.\n(2) Subject to subsection (3), if a child is born outside the\nCommonwealth, but the child is to become a resident of the\nTerritory, the birth may be registered under this Act.\n(3) The birth of a child born outside the Commonwealth cannot be\nregistered under this Act if the birth is registered under a\ncorresponding law.\n\nPart 3 Registration of births\nDivision 2 Registration of births\nBirths, Deaths and Marriages Registration Act 1996 8\n14 How to have birth of child registered\nA person has the birth of a child registered under this Act by lodging\na statement (birth registration statement) in a form approved by\nthe Registrar containing the information required by the\nRegulations.\n15 Responsibility to have birth registered\n(1) The parents of a child are jointly responsible for having the child's\nbirth registered under this Act (and must both sign the birth\nregistration statement) but the Registrar may accept a birth\nregistration statement from one of the parents if satisfied that it is\nimpossible, impractical or inappropriate for the other parent to join,\nor be required to join in, the application whether because of the\nparent's death, disappearance, ill health or unavailability or the\nneed to avoid unwarranted distress or for some other reason.\n(2) If a child is a foundling, the person who has custody of the child is\nresponsible for having the child's birth registered.\n(3) The Registrar may accept a birth registration statement from a\nperson who is not responsible for having the child's birth registered\nif satisfied that:\n(a) the person lodging the statement has knowledge of the\nrelevant facts; and\n(b) the child's parents are unable or unlikely to lodge a birth\nregistration statement.\n16 Obligation to have birth registered\n(1) A person responsible for having the birth of a child registered must\nlodge a birth registration statement with the Registrar within\n60 days after the date of the birth.\nMaximum penalty: 8 penalty units.\n(1A) An offence against subsection (1) is an offence of strict liability.\n(2) The Registrar must accept a birth registration statement even\nthough it is lodged after the end of the 60 day period referred to in\nsubsection (1).\n17 Registration\n(1) The Registrar registers a birth by making an entry about the birth in\nthe Register including as the particulars for the birth the information\nthat is required to be in a birth registration statement.\n\nPart 3 Registration of births\nDivision 4 Alteration of details of birth registration\nBirths, Deaths and Marriages Registration Act 1996 9\n(2) If the particulars available to the Registrar are incomplete the\nRegistrar may register a birth on the basis of incomplete particulars.\nDivision 3 Court order for registration of birth\n18 Jurisdiction of Court to order registration of birth\nThe Court may, on application by an interested person or on its own\ninitiative, order:\n(a) the registration of a birth; or\n(b) the inclusion of registrable information about a birth or a\nchild's parents in the Register.\nDivision 4 Alteration of details of birth registration\n19 Addition of details of parentage after registration of birth\n(1) The Registrar may include registrable information about a child's\nparents in the Register after registration of the child's birth if:\n(a) the parents of the child make a joint application for the\naddition of the information; or\n(b) one parent of the child makes an application for the addition of\nthe information and the other parent cannot join in the\napplication because he or she is dead or cannot be found, or\nfor some other reason; or\n(c) a court:\n(i) orders the inclusion of the information in the Register; or\n(ii) makes a finding that a particular person is a parent of\nthe child.\n(2) An application to the Registrar for the addition of registrable\ninformation in the Register must:\n(a) be made in writing; and\n(b) include the information required by the Registrar; and\n(c) if the Registrar requires verification of the information\ncontained in the application, be accompanied by a statutory\ndeclaration verifying the information contained in the\napplication and any other evidence the Registrar may require.\n\nPart 3 Registration of births\nDivision 5 Child's name\nBirths, Deaths and Marriages Registration Act 1996 10\n(3) The Court may, on application by an interested person, order the\naddition of specified details of a child's parentage, or details of the\nmarriage of a child's parents, in the Register.\nDivision 5 Child's name\n20 Name of child\n(1) Subject to this section, the birth registration statement must state\nthe name of the child.\n(2) The name of a child is a matter of choice for the person or persons\nlodging the registration statement, but the Registrar may assign a\nname to the child if:\n(a) the name stated in the birth registration statement is a\nprohibited name; or\n(b) the birth registration statement is lodged by both parents of\nthe child and they satisfy the Registrar that they are unable to\nagree on the child's name.\n(3) For this section, the Registrar must:\n(a) issue a written policy setting out the principles to be followed\nin the naming of a child by the Registrar; and\n(b) only exercise his or her powers for the identification of the\nchild; and\n(c) advise the parents of a child named by the Registrar that the\ndecision of the Registrar may be reviewed by the Civil and\nAdministrative Tribunal.\n(4) A birth registration statement relating to a still-born child need not\nstate the name of the child and, where it does not, the Registrar\nmust not assign a name under subsection (2).\n21 Dispute about child's name\n(1) If there is a dispute between parents about a child's name, either\nparent may apply to the Court for a resolution of the dispute.\n(2) On an application under subsection (1), the Court may:\n(a) resolve the dispute about the child's name as the Court\nconsiders appropriate; and\n(b) order the Registrar to register the child's name in a form\nspecified in the order.\n\nPart 4 Change of name\nBirths, Deaths and Marriages Registration Act 1996 11\nPart 4 Change of name\n22 Change of name by registration\nA person's name may be changed by registration of the change\nunder this Part.\n23 Application to register change of adult's name\nSubject to this section, an adult person may apply to the Registrar,\nin a form approved by the Registrar, for registration of a change of\nthe person's name if:\n(a) the person:\n(i) was born outside Australia; and\n(ii) immediately before the time of the application, was\ndomiciled or ordinarily resident in the Territory for a\nperiod of at least 12 consecutive months; or\n(b) the person's birth is registered in the Territory.\n24 Application to register change of child's name\n(1) The parents of a child may apply to the Registrar, in a form\napproved by the Registrar, for registration of a change of the child's\nname if:\n(a) the child:\n(i) was born outside Australia; and\n(ii) immediately before the time of the application, was\ndomiciled or ordinarily resident in the Territory for a\nperiod of at least 12 consecutive months; or\n(b) the child's birth is registered in the Territory.\n(2) An application for registration of a change of a child's name may be\nmade by one parent if:\n(a) the applicant is the sole parent named in the registration of the\nchild's birth under this Act or any other law; or\n(b) there is no other surviving parent of the child; or\n(c) the Court approves the proposed change of name.\n\nPart 4 Change of name\nBirths, Deaths and Marriages Registration Act 1996 12\n(3) The Registrar must not register the change of a child's name if the\nRegistrar has actual knowledge that some other person has full or\npartial guardianship or full or partial custody of the child and that\nother person objects to the registration of the change of name.\n(4) The Court may, on application by a child's parent, approve a\nproposed change of name for the child if satisfied that the change is\nin the child's best interests.\n(5) If the parents of a child are dead, cannot be found, or for some\nother reason cannot exercise their parental responsibilities to a\nchild, the child's guardian may apply for registration of a change of\nthe child's name.\n25 Child's consent to change of name\n(1) Subject to subsection (2), the Registrar must not register a change\nof name of a child after the time when the child is aware of the\nmeaning and implication of his or her name.\n(2) Subsection (1) does not apply where a child, being aware of the\nmeaning and implication of his or her name, consents to the change\nof name.\n(3) For this section, in the absence of evidence to the contrary, a child\nwho has attained the age of 14 years is taken to be aware of the\nmeaning and implication of his or her name.\n25A Convictions of person to be included in application\n(1) An application for registration of a change of name must include\ndetails of any conviction of the person whose name is to be\nchanged.\n(2) Nothing in this section requires a person to disclose a spent record\nas defined in section 3 of the Criminal Records (Spent Convictions)\nAct 1992.\n(3) In this section:\nconviction means, for an individual:\n(a) a conviction or finding of guilt for a relevant offence that is\nimposed by any court of the Territory, the Commonwealth,\nanother State or a country other than Australia; or\n(b) a qualified finding of guilt for a relevant offence under\nsection 43X(3) of the Criminal Code or a finding under a\nprovision that corresponds to that section under the law of\nanother State.\n\nPart 4 Change of name\nBirths, Deaths and Marriages Registration Act 1996 13\nrelevant offence means an offence against a law of the Territory,\nthe Commonwealth, another State or a country other than Australia\nfor which a term of imprisonment of 12 months or more may be\nimposed.\n26 Registration of change of name\n(1) Before registering a change of name under this Part, the Registrar\nmay require the applicant to provide evidence to establish to the\nRegistrar's satisfaction:\n(a) the identity and age of the person whose name is to be\nchanged; and\n(b) that the change of name is not sought for a fraudulent or other\nimproper purpose; and\n(c) if the person whose name is to be changed is a child – that the\nchild consents to the change of name or is unable to\nunderstand the meaning and implications of the change of\nname.\n(2) If the Registrar is satisfied that the name of a person whose birth is\nregistered in the Territory has been changed under another law or\nby order of a court the change of name may be registered under\nthis Act.\n(3) The Registrar may refuse to register a change of name if, as a\nresult of the change, the name would become a prohibited name.\n(4) The Registrar may refuse to register a change of name if the\napplicant has a conviction, as defined in section 25A(3), for an\noffence related to fraud or any other deception regarding the\nidentity of the applicant.\n(5) The Registrar may refuse to register a change of name if, following\na request to provide evidence under subsection (1), the applicant\nfails to provide evidence to establish to the Registrar's satisfaction a\nmatter specified in that subsection.\n26A Limitation on number of changes of name\nThe Registrar must not accept an application for registration of a\nchange of a person's name under this Part if:\n(a) a change of the person's name was registered, whether in the\nTerritory or in another State, in the 12 month period\nimmediately before the time the application is made; or\n\nPart 4 Change of name\nBirths, Deaths and Marriages Registration Act 1996 14\n(b) 3 changes of the person's name were registered, whether in\nthe Territory or in another State or both, in the period\ncommencing on the day this section comes into operation.\n26B Exceptions to certain requirements and limitation\n(1) Despite a requirement or limitation specified in subsection (2), the\nRegistrar may register a change of a person's name if the Registrar\nis satisfied that:\n(a) registering the change of name is required to protect any of\nthe following from domestic violence as defined in section 5 of\nthe Domestic and Family Violence Act 2007:\n(i) the person whose name is to be changed;\n(ii) any current or future children of the person whose name\nis to be changed; or\n(b) the change of name is because of the marriage or divorce of\nthe person whose name is to be changed; or\n(c) the change of name is ordered by a court of the Territory, the\nCommonwealth or another State; or\n(d) the change of name is ordered by the Civil and Administrative\nTribunal or a tribunal of another State that corresponds to the\nCivil and Administrative Tribunal.\n(2) For subsection (1) the following are specified:\n(a) a requirement under section 23(a) or 24(1)(a) that the person\nwas born outside Australia and immediately before the time of\nthe application, was domiciled or ordinarily resident in the\nTerritory for a period of at least 12 consecutive months;\n(b) a requirement under section 23(b) or 24(1)(b) that the\nperson's birth is registered in the Territory;\n(c) a limitation under section 26A(a) or (b) to the number of\nchanges of a person's name.\n27 Entries to be made in Register\n(1) The Registrar registers a change of name by making an entry about\nthe change of name in the Register including the particulars\nrequired by the Regulations.\n\nPart 4 Change of name\nBirths, Deaths and Marriages Registration Act 1996 15\n(2) If the applicant for registration of the change of name asks the\nRegistrar to arrange for noting the change of name in the\nparticulars of the person's birth, and the person's birth is registered\nunder this Act or a corresponding law, the Registrar must:\n(a) if the birth is registered under this Act – note the change of\nname in the entry relating to the birth; or\n(b) if the birth is registered under a corresponding law – notify the\nrelevant registering authority of the change of name.\n(3) If the change of name is noted in the Register under subsection (2),\na birth certificate issued by the Registrar for the person must show\nthe person's name as changed under this Part.\n27A Change of name of serious sex offender\n(1) This section applies if:\n(a) a person makes an application under this Part to register a\nchange of name; and\n(b) the application is made in contravention of section 108(1) of\nthe Serious Sex Offenders Act 2013.\n(2) The Commissioner of Correctional Services may direct the\nRegistrar:\n(a) to refuse to register the change of name; or\n(b) if the change of name has been registered – to register a\nfurther change of name to reverse the change.\n(3) The Registrar must comply with a direction under subsection (2).\n28 Change of name may still be established by repute or usage\nThis Part does not prevent a change of name by repute or usage\nbut, except as provided by this Part, the Registrar or the Registrar-\nGeneral must not register a change of name or accept for safe\nkeeping or recording any document relating to a change of name.\n\nPart 4A Registration of change of sex or gender\nBirths, Deaths and Marriages Registration Act 1996 16\nPart 4A Registration of change of sex or gender\n28A Definitions\nIn this Part:\nintersex person means a person who is born with physical or\nbiological sex characteristics that do not fit typical classifications of\nmale or female bodies.\npsychologist means a person registered under the Health\nPractitioner Regulation National Law to practise in the psychology\nprofession (other than as a student).\nrecognition certificate means a certificate issued under any law\ncertifying that a person has a sex or gender that is different to the\nsex or gender specified for that person in the Register.\n28B Application to register change of sex or gender\n(1) An adult may apply to the Registrar, in a form approved by the\nRegistrar, to register a change of the adult's sex or gender if:\n(a) the adult's birth is entered in the Register; and\n(b) the adult believes the adult's sex or gender to be the sex or\ngender specified in the application; and\n(c) the adult:\n(i) has received appropriate clinical treatment in relation to\nthe adult's sex or gender; or\n(ii) is an intersex person.\n(2) The parents of a child may apply to the Registrar, in a form\napproved by the Registrar, to register a change of the child's sex or\ngender if:\n(a) the child's birth is entered in the Register; and\n(b) the applicants believe on reasonable grounds that alteration of\nthe record of the child's sex or gender to the sex or gender\nspecified in the application is in the best interest of the child;\nand\n(c) the child:\n(i) has received appropriate clinical treatment in relation to\nthe child's sex or gender; or\n\nPart 4A Registration of change of sex or gender\nBirths, Deaths and Marriages Registration Act 1996 17\n(ii) is an intersex person.\n(3) An application for registration of a change of a child's sex or gender\nmay be made by one parent if:\n(a) the applicant is the sole parent named in the registration of the\nchild's birth; or\n(b) the applicant is the only surviving parent of the child.\n(4) If the parents of a child are dead, cannot be found, or for some\nother reason cannot exercise their parental responsibilities to a\nchild, the child's guardian may apply for registration of a change of\nthe child's sex or gender.\n(5) The sex or gender specified in an application under this section\nmust be of a kind recognised in the Regulations.\n28C Information that must accompany application\n(1) An application under section 28B(1) must be accompanied by the\nfollowing:\n(a) a statement by a medical practitioner or a psychologist\ncertifying that the adult:\n(i) has received appropriate clinical treatment in relation to\nthe adult's sex or gender; or\n(ii) is an intersex person;\n(b) any other documents or information prescribed for this\nsubsection.\n(2) An application under section 28B(2) must be accompanied by the\nfollowing:\n(a) if section 28CA applies – a statement from the child\nconsenting to the change;\n(b) a statement by a medical practitioner or a psychologist\ncertifying that the child:\n(i) has received appropriate clinical treatment in relation to\nthe child's sex or gender; or\n(ii) is an intersex person;\n(c) any other documents or information prescribed for this\nsubsection.\n\nPart 4A Registration of change of sex or gender\nBirths, Deaths and Marriages Registration Act 1996 18\n28CA Child's consent to change of sex or gender\n(1) The Registrar must not register a change of sex or gender of a child\nafter the time when the child is aware of the meaning and\nimplication of the child's sex or gender unless the child consents to\nthe change.\n(2) For this section, in the absence of evidence to the contrary, a child\nwho has attained the age of 14 years is taken to be aware of the\nmeaning and implication of the child's sex or gender.\n28D Registration of change of sex or gender\nOn receipt of an application under section 28B, the Registrar must:\n(a) make the requested change to the Register; or\n(b) refuse to make the requested change.\n28E Issuing of birth certificate after noting change\n(1) If the change of a person's sex or gender is registered under this\nPart, a birth certificate issued by the Registrar for the person is,\nunless otherwise requested by the person, to show the person's sex\nor gender in accordance with the registered change.\n(2) A birth certificate mentioned in subsection (1) must not include a\nstatement that the person has changed sex or gender.\n28F Issuing of old birth certificate\nThe child of a person in respect of whom a change of the person's\nsex or gender is registered under this Part, or a person prescribed\nfor this section, may apply to the Registrar, in a form approved by\nthe Registrar, for a birth certificate of the person that shows the\nperson's sex or gender before the person's change of sex or\ngender, and the Registrar must issue the birth certificate to the child\nor person.\n28G Use of old birth certificate\nA person commits an offence if:\n(a) the person intentionally produces a birth certificate of a person\nto another person (the second person); and\n(b) the birth certificate shows the sex or gender of a person\nbefore a change of that person's sex or gender was registered\nunder section 28D and the person has knowledge of that\ncircumstance; and\n\nPart 4A Registration of change of sex or gender\nBirths, Deaths and Marriages Registration Act 1996 19\n(c) the conduct mentioned in paragraph (a) is likely to result in the\nsecond person being deceived by the person in relation to a\nperson's sex or gender and the person has knowledge of that\ncircumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n28H Effect of registration of person's change of sex or gender\nWhere a person's change of sex or gender is registered under this\nPart, the person is, for the purposes of (but subject to) any law in\nforce in the Territory, a person of the sex or gender as so changed.\n28J Recognition certificate\nA person in respect of whom there is a recognition certificate is, for\nthe purposes of (but subject to) any law in force in the Territory, a\nperson of the sex or gender stated in the recognition certificate.\nPart 4B Registration of parentage order\n28K Definition\nIn this Part:\nparentage order means:\n(a) a parentage order made under section 34 of the Surrogacy\nAct 2022; or\n(b) any order respecting the parentage of a child, whose birth is\nregistered under the Act, made under a law in a State or\nanother Territory that corresponds to the Surrogacy Act 2022.\n28L Registration of parentage order\nThe Registrar must register:\n(a) any parentage order; or\n(b) any order, received under section 46 of the Surrogacy\nAct 2022, revoking a parentage order.\n28M Registration of birth\n(1) If the Registrar receives a parentage order for a child born in the\nTerritory but whose birth is not registered in the Register, the\nRegistrar must, before registering the parentage order:\n(a) register the birth of the child in the Register; and\n\nPart 4A Registration of change of sex or gender\nBirths, Deaths and Marriages Registration Act 1996 20\n(b) include in the entry under paragraph (a) a notation stating the\nbirth of the child is registered under this section.\n(2) If the Registrar receives a parentage order for a child whose birth is\nregistered in the Register, the Registrar must:\n(a) re-register the birth of the child in the Register; and\n(b) include in the entry under paragraph (a) a notation stating the\nentry is made under this section; and\n(c) include in the previous entry made for the child in the Register\na notation stating:\n(i) the previous entry is no longer current; and\n(ii) the birth of the child is re-registered under this section.\n(3) If the Registrar receives an order revoking a parentage order for a\nchild whose birth was registered under subsection (1) or\nre-registered under subsection (2), the Registrar must:\n(a) re-register the birth of the child in the Register; and\n(b) include in the entry under paragraph (a) a notation stating the\nentry is made under this section; and\n(c) include in the previous entry made for the child in the Register\na notation stating:\n(i) the previous entry is no longer current; and\n(ii) the birth of the child is re-registered under this section.\n28N Issuing of birth certificate after parentage order\n(1) Any birth certificate issued by the Registrar for a person who is the\nsubject of a parentage order must replicate the information about\nthe person in the registered parentage order.\n(2) A birth certificate referred to in subsection (1) must not indicate that\nthe person is the subject of a parentage order.\n(3) If the Registrar issues a birth certificate for a person who is the\nsubject of a parentage order and at least 18 years of age, the\nRegistrar must attach an addendum to the birth certificate stating\nthat further information is available about the entry.\n\nPart 5 Registration of marriages\nBirths, Deaths and Marriages Registration Act 1996 21\n28P Request for original birth certificate\n(1) A person who was the subject of a parentage order registered\nunder this Part may apply to the Registrar, in a form approved by\nthe Registrar, for the following:\n(a) the person's original birth certificate;\n(b) any information provided by the Local Court under\nsection 46(2) of the Surrogacy Act 2022 relating to the\nparentage order.\n(2) A person who is under 18 years of age may only apply under\nsubsection (1) with the written consent of the person with parental\nresponsibility for the person.\n(3) On application, the Registrar must provide the documents or\ninformation under subsection (1).\nPart 5 Registration of marriages\n29 When registration of marriage is required\nIf a marriage is solemnised in the Territory, the marriage must be\nregistered under this Act.\n30 How to have marriage registered\nA person may have a marriage registered by lodging with the\nRegistrar a certificate of the marriage under the Marriage Act 1961\n(Cth) or, if the marriage was solemnised before the commencement\nof that Act, the evidence of the marriage required by the Registrar.\n31 Registration of marriage\nA marriage may be registered by:\n(a) including the marriage certificate as part of the Register; or\n(b) including particulars of the marriage in the Register.\n\nPart 6 Registration of deaths\nDivision 2 Notification of deaths\nBirths, Deaths and Marriages Registration Act 1996 22\nPart 6 Registration of deaths\nDivision 1 When registration of death is required or\nauthorised\n32 Deaths to be registered under this Act\n(1) If a person dies in the Territory, the death must be registered under\nthis Act.\n(2) If a court directs the registration of a death, the death must be\nregistered under this Act.\n(3) If a person dies:\n(a) in an aircraft during a flight to an airport in the Territory; or\n(b) on a ship during a voyage to a port in the Territory;\nthe death may be registered under this Act.\n(4) If a person who is domiciled or ordinarily resident in the Territory\ndies outside the Commonwealth, or a person dies outside the\nCommonwealth leaving property in the Territory, the death may be\nregistered under this Act.\n(5) The Registrar is not obliged to register a death under subsection (3)\nor (4) if the death is registered under a corresponding law.\n(6) If a child is still-born, the child's death is not to be registered under\nthis Part.\n33 Power to direct registration of death\n(1) If a court finds that a person whose death is not registered under\nthis Act died in the Territory, the court may direct registration of the\ndeath.\n(2) The power to direct registration of death extends to courts of the\nStates and the Commonwealth.\nDivision 2 Notification of deaths\n34 Notification of deaths by doctors\n(1) A doctor who was responsible for a person's medical care\nimmediately before death, or who examines the body of a deceased\nperson after death, must, within 48 hours after the death, give\nnotice, in a form approved by the Registrar, of the death to the\n\nPart 6 Registration of deaths\nDivision 2 Notification of deaths\nBirths, Deaths and Marriages Registration Act 1996 23\nRegistrar, including the particulars required by the Regulations.\nMaximum penalty: 8 penalty units.\n(1A) An offence against subsection (1) is an offence of strict liability.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant believed on reasonable grounds\nthat:\n(a) another doctor had given the required notice of the death of\nthe person; or\n(b) a coroner had been notified of the death under the Coroners\nAct 1993.\n(3) If a coroner is notified of a death under the Coroners Act 1993, the\ncoroner must give a copy of the notification to the Registrar as soon\nas practicable after receiving it.\n(4) If a child is still-born, the child's death is not to be notified under this\nsection.\n35 Notification of cause of death by coroner\n(1) If a coroner authorises the disposal of human remains, or makes a\nfinding about the cause of a death, the coroner must give a copy of\nthe disposal authorisation or the finding to the Registrar.\n(2) The Registrar may register a death even though the death is\nsubject to coronial inquiry and a finding has not been made about\nthe cause of death.\n(3) A death certificate issued before a coronial inquiry into the cause of\ndeath is completed must be endorsed with the words: \"Incomplete\nregistration – Cause of death subject to coronial inquiry\".\n36 Notification by funeral director\n(1) A funeral director or other person who arranges for the disposal of\nhuman remains or, where in the locality where human remains are\nthere is no funeral director or person who arranges for the disposal\nof human remains, a health worker in the locality, must, within\n7 days after disposal of the remains, provide to the Registrar, in a\nform approved by the Registrar:\n(a) the name and last residential address of the deceased; and\n(b) if the death was reported to a coroner – a statement of that\nfact; and\n\nPart 6 Registration of deaths\nDivision 3 Registration of death\nBirths, Deaths and Marriages Registration Act 1996 24\n(c) the place and manner of disposal; and\n(d) the information required by the Regulations.\nMaximum penalty: 8 penalty units.\n(2) If human remains (other than cremated remains) are removed from\nthe Territory, the funeral director or other person who arranges for\nthe removal of the remains from the Territory must, within 28 days\nafter the remains are disposed of outside the Territory, provide to\nthe Registrar, in a form approved by the Registrar, details of where\nand how the remains were disposed of, and the other information\nrequired by the Regulations.\nMaximum penalty: 8 penalty units.\n(3) If human remains have not been disposed of within 30 days after\nthe date of death, the funeral director or other person who has\ncustody of the remains must provide to the Registrar, in a form\napproved by the Registrar:\n(a) the name and last residential address of the deceased; and\n(b) if the death was reported to a coroner – a statement of that\nfact; and\n(c) the information required by the Regulations.\nMaximum penalty: 8 penalty units.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\nliability.\nDivision 3 Registration of death\n37 Registration\n(1) The Registrar registers a death by making an entry about the death\nin the Register including as the particulars for the death the\ninformation that is required to be in a notification of death provided\nunder Division 2.\n(2) If the particulars available to the Registrar are incomplete the\nRegistrar may register a death on the basis of incomplete\nparticulars.\n\nPart 7 Register\nDivision 2 Registrar's powers of inquiry\nBirths, Deaths and Marriages Registration Act 1996 25\nPart 7 Register\nDivision 1 Keeping of Register\n38 Register\n(1) The Registrar must maintain a register or registers of registrable\nevents.\n(2) The Register:\n(a) must contain the particulars of each registrable event required\nunder this Act, or another law, to be included in the Register;\nand\n(b) may contain further information if its inclusion is authorised\nunder the Regulations.\n(3) The Register may be wholly or partly in the form of a computer data\nbase, in documentary form, or in another form the Registrar\nconsiders appropriate.\n(4) The Registrar must maintain the Register so that the information\ncontained in it may be searched by reference to a name or some\nother identifying information.\nDivision 2 Registrar's powers of inquiry\n39 Registrar's powers of inquiry\n(1) The Registrar may conduct an inquiry to find out:\n(a) whether a registrable event has happened; or\n(b) particulars of a registrable event; or\n(c) whether particulars of a particular registrable event have been\ncorrectly recorded in the Register.\n(2) The Registrar may, by notice given to a person who may be able to\nprovide information relevant to an inquiry under this section, require\nthe person to answer specified questions or to provide other\ninformation within a time and in a way specified in the notice.\n(3) A person commits an offence if the person fails to comply with a\nnotice under subsection (2).\nMaximum penalty: 8 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n\nPart 7 Register\nDivision 4 Access to, and certification of, Register entries\nBirths, Deaths and Marriages Registration Act 1996 26\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\nDivision 3 Correction of Register\n40 Correction of Register\n(1) The Registrar may correct the Register:\n(a) to reflect a finding made on inquiry under Division 2; or\n(b) to bring an entry about a particular registrable event into\nconformity with the most reliable information available to the\nRegistrar of the registrable event.\n(2) The Registrar must, if required by a court, correct the Register.\n(3) The Registrar corrects the Register by adding or cancelling an entry\nin the Register or by adding, altering or deleting particulars\ncontained in an entry.\nDivision 4 Access to, and certification of, Register entries\n41 Access to Register\n(1) The Registrar may, on conditions the Registrar considers\nappropriate:\n(a) allow a person or organisation that has an adequate reason\nfor wanting access to the Register, access to the Register; or\n(b) provide a person or organisation that has an adequate reason\nfor wanting information from the Register, with information\nextracted from the Register.\n(2) In deciding whether an applicant has an adequate reason for\nwanting access to the Register, or information extracted from the\nRegister, the Registrar must have regard to:\n(a) the nature of the applicant's interest; and\n(b) the sensitivity of the information; and\n(c) the use to be made of the information; and\n(d) other relevant factors.\n\nPart 7 Register\nDivision 4 Access to, and certification of, Register entries\nBirths, Deaths and Marriages Registration Act 1996 27\n(3) In deciding the conditions on which access to the Register, or\ninformation extracted from the Register, is to be given under this\nsection, the Registrar must, as far as practicable, protect the\npersons to whom the entries in the Register relate from unjustified\nintrusion on their privacy.\n42 Search of Register\n(1) The Registrar may, on application, search the Register for an entry\nabout a particular registrable event.\n(2) The applicant must state the reason for the applicant's interest in\nthe subject-matter of the search.\n(3) The Registrar may reject the application if the applicant does not\nshow an adequate reason for wanting the information to which the\napplication relates.\n(4) In deciding whether an applicant has an adequate reason for\nwanting information, the Registrar must have regard to:\n(a) the relationship (if any) between the applicant and the person\nto whom the information relates; and\n(b) the age of the entry; and\n(c) the contents of the entry; and\n(d) other relevant factors.\n(5) Subject to a direction of the Minister under section 5, nothing in this\nAct prevents the Registrar from providing a person, subject to such\nconditions as the Registrar thinks fit, with information contained in\nthe Register for a purpose relating to:\n(a) the keeping of statistics; or\n(b) medical or epidemiological research; or\n(c) the identification of persons; or\n(d) the prevention of fraud.\n(6) For subsection (3), but subject to subsection (7), a person has an\nadequate reason for a search to be made of the Register if the\nperson, in respect of whom information is sought to be obtained as\na consequence of the search, is:\n(a) the adopted child; or\n(b) the natural parent or grandparent; or\n\nPart 7 Register\nDivision 4 Access to, and certification of, Register entries\nBirths, Deaths and Marriages Registration Act 1996 28\n(c) the adoptive parent;\nof the person requiring the search.\n(7) Subsection (6) does not apply where:\n(a) a notice of prohibition has been lodged under section 65(2) of\nthe Adoption of Children Act 1994; or\n(b) a notice, similar to a notice of prohibition mentioned in\nparagraph (a), has been lodged under a law of a State or\nanother Territory of the Commonwealth;\nprohibiting the provision of information that would identify the\nperson in respect of whom information is sought under\nsubsection (6).\n43 Protection of privacy\nIn providing information extracted from the Register, the Registrar\nmust, as far as practicable, protect the persons to whom the entries\nin the Register relate from unjustified intrusion on their privacy.\n44 Issue of certificate\n(1) On completing a search of the Register, the Registrar may issue a\ncertificate:\n(a) certifying particulars contained in an entry; or\n(b) certifying that no entry was located in the Register about the\nrelevant registrable event.\n(2) A certificate under subsection (1)(a) is admissible in legal\nproceedings as evidence of:\n(a) the entry to which the certificate relates; and\n(b) the facts recorded in the entry.\n(3) If the word \"illegitimate\" or a word or expression referring to the fact\nthat a child was born outside marriage appears on an entry in the\nRegister, that word or expression is not to be included in a\ncertificate issued by the Registrar.\n(4) If, in the opinion of the Registrar, a word or expression appearing\non an entry in the Register is offensive, the Registrar may, as he or\nshe thinks fit, issue a certificate under subsection (1)(a) without\nincluding the word or expression.\n\nPart 8 General power of review\nBirths, Deaths and Marriages Registration Act 1996 29\n(5) The Registrar may, subject to and in accordance with the\nRegulations, issue to a person intending to be married in a country\noutside Australia a certificate that the Registrar is not aware of any\nimpediments to the solemnisation of the marriage.\n45 Access policies\n(1) The Registrar must maintain a written statement of the policies on\nwhich access to information contained in the Register is to be given\nor denied under this Division.\n(2) The Registrar must give a copy of the statement, on request, to any\nperson.\n46 Fees\n(1) The Regulations may prescribe fees, or a basis for calculating fees,\nfor:\n(a) access to the Register; or\n(b) a search of the Register; or\n(c) the issue of a certificate following a search of the Register; or\n(d) other services provided by the Registrar.\n(2) The Regulations may allow for fees to be fixed by negotiation\nbetween the Registrar and the person who asks for the relevant\nservices.\n47 Power to remit fees\nThe Registrar may, in appropriate cases, remit the whole or part of\na fee under this Act or the whole or part of a fee payable to the\nRegistrar under any other Act, including an Act of the\nCommonwealth, a State or another Territory of the Commonwealth.\nPart 8 General power of review\n48 Review\nA person who is aggrieved by a decision of the Registrar made in\nthe performance or purported performance of functions under this\nAct may apply to the Civil and Administrative Tribunal for a review\nof the decision.\n\nPart 9 Miscellaneous matters\nBirths, Deaths and Marriages Registration Act 1996 30\nPart 9 Miscellaneous matters\n49 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to the another\nperson; and\n(b) the other person is an authorised officer; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another\nperson; and\n(b) the other person is an authorised officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe authorised officer's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the authorised officer the information necessary to\nremedy the misleading aspect of the information or document.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n\nPart 9 Miscellaneous matters\nBirths, Deaths and Marriages Registration Act 1996 31\n(5) In this section:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nauthorised officer means any of the following:\n(a) the Registrar;\n(b) a Deputy Registrar;\n(c) a delegate of the Registrar;\n(d) a public sector employee assisting the Registrar;\n(e) an agent of the Registrar.\n50 Unauthorised access to Register\nA person commits an offence if:\n(a) the person intentionally accesses the Register or information\ncontained in the Register; and\n(b) the person does not have the Registrar's authority to access\nthe Register or information and the person has knowledge of,\nor is reckless in relation to, that circumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n51 Falsification of certificate\n(1) A person commits an offence if:\n(a) the person intentionally affixes an impression of the\nRegistrar's signature or seal to a document; and\n(b) the person knows that the impression is an impression of the\nRegistrar's signature or seal; and\n(c) the person does not have the Registrar's authority to engage\nin the conduct mentioned in paragraph (a) and the person has\nknowledge of that circumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n(2) A person commits an offence if:\n(a) the person intentionally creates a certificate or other\ndocument; and\n\nPart 9 Miscellaneous matters\nBirths, Deaths and Marriages Registration Act 1996 32\n(b) the certificate or other document purports to be issued under\nthis Act and the person has knowledge of that circumstance;\nand\n(c) the certificate or other document is not issued under this Act\nand the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n(2A) A person commits an offence if:\n(a) the person intentionally amends or varies a certificate or other\ndocument; and\n(b) the certificate or other document is issued under this Act and\nthe person has knowledge of that circumstance; and\n(c) the conduct mentioned in paragraph (a) results in the\ncertificate or other document showing different information to\nthe information that appeared in the certificate or other\ndocument when it was issued under this Act and the person\nhas knowledge of that result.\nMaximum penalty: 200 penalty units or 2 years imprisonment.\n(3) The Registrar may impound:\n(a) a document which the Registrar has reason to believe bears\nan impression of the Registrar's signature or seal affixed\nwithout the Registrar's authority; or\n(b) a certificate or other document purporting to be a certificate or\nother document under this Act which the Registrar has reason\nto believe has not been issued under this Act; or\n(ba) a certificate or other document purporting to be a certificate or\nother document under this Act which the Registrar has reason\nto believe has been amended or varied after the certificate or\nother document was issued under this Act; or\n(c) a certificate under this Act about a registrable event if the\nentry in the Register about the event has been cancelled or\ncorrected since the issue of the certificate.\n52 Immunity from liability\n(1) No liability attaches to the Registrar for an honest act or omission in\nthe performance or purported performance of functions under this\nAct.\n\nPart 10 Transitional matters\nDivision 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014\nBirths, Deaths and Marriages Registration Act 1996 33\n(2) A liability that would, but for subsection (1), attach to the Registrar\nattaches instead to the Crown.\n53 Adoption of Children Act 1994 not affected\nThis act does not affect the operation of the Adoption of Children\nAct 1994.\n54 Regulations\n(1) The Administrator may make regulations not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for offences, including offences of\nstrict or absolute liability, against the Regulations and the imposition\nof penalties, not exceeding 8 penalty units, for breaches of the\nRegulations.\n55 Repeal\nThe Ordinances and Acts specified in the Schedule are repealed.\nPart 10 Transitional matters\nDivision 1 Births, Deaths and Marriages Registration Act\n56 Savings and transitional\nThe registers kept under the Registration of Births, Deaths and\nMarriages Act 1962, as in force before the commencement of this\nAct, form part of the Register maintained under this Act.\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\nAct 2014\n57 Definitions\nIn this Division:\ncommencement means the day on which Part 2 of the Northern\nTerritory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014 commences.\n\nPart 10 Transitional matters\nDivision 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014\nBirths, Deaths and Marriages Registration Act 1996 34\n58 Review of Registrar's decision made before commencement\nSection 48, as in force immediately before the commencement,\ncontinues to apply in relation to a review of a decision of the\nRegistrar if the decision was made before the commencement.\n59 Review of Registrar's decision made after commencement\nSection 48, as in force after the commencement, applies in relation\nto a review of a decision of the Registrar if:\n(a) an application for the decision was made before\ncommencement; and\n(b) the decision was made after the commencement.\n\nSchedule Ordinances and Acts repealed\nBirths, Deaths and Marriages Registration Act 1996 35\nSchedule Ordinances and Acts repealed\nsection 55\nRegistration of Births, Deaths and Marriages\nOrdinance 1962\nNo. 42, 1963\nRegistration of Births, Deaths and Marriages\nOrdinance 1972\nNo. 29, 1972\nRegistration of Births, Deaths and Marriages\nOrdinance 1973\nNo. 34, 1973\nRegistration of Births, Deaths and Marriages\nOrdinance 1976\nNo. 29, 1976\nRegistration of Births, Deaths and Marriages\nAct 1978\nNo. 85, 1978\nRegistration of Births, Deaths and Marriages Act\n(No. 2) 1978\nNo. 104, 1978\nRegistration of Births, Deaths and Marriages\nAct 1979\nNo. 28, 1979\nRegistration of Births, Deaths and Marriages\nAmendment Act 1986\nNo. 65, 1986\nRegistration of Births, Deaths and Marriages\nAmendment Act 1987\nNo. 51, 1987\nRegistration of Births, Deaths and Marriages\nAmendments Act 1994\nNo. 22, 1994\n\nENDNOTES\nBirths, Deaths and Marriages Registration Act 1996 36\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBirths, Deaths and Marriages Registration Act 1996 (Act No. 26, 1996)\nAssent date 28 June 1996\nCommenced 1 January 1997 (Gaz G49, 4 December 1996, p 5)\nBirths, Deaths and Marriages Registration Amendment 1997 (Act No. 12, 1997)\nAssent date 11 April 1997\nCommenced 1 June 1997 (Gaz S17, 30 May 1997)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\n\nENDNOTES\nBirths, Deaths and Marriages Registration Act 1996 37\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014 (Act No. 34, 2014)\nAssent date 13 November 2014\nCommenced 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nBirths, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act\nNo. 30, 2018)\nAssent date 5 December 2018\nCommenced 6 December 2018 (s 2)\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 20 December 2022 (Gaz S66, 20 December 2022)\nBirths, Deaths and Marriages Registration Amendment Act 2022 (Act No. 9, 2022)\nAssent date 26 May 2022\nCommenced 31 August 2022 (Gaz G33, 17 August 2022, p 1)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 12, 27A, 34, 42 and 53.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 30, 2011, s 3\ns 3 amd No. 12, 1997, s 4; No. 30, 2011, s 3; No. 30, 2018, s 4\ns 4 amd No. 12, 1997, s 5; No. 44, 2005, s 22; No. 30, 2011, s 3; No. 30, 2018,\ns 7; No. 9, 2022, s 4; No. 16, 2022, s 222; No. 8, 2022, s 63\ns 4A ins No. 9, 2022, s 5\nss 5 – 6 amd No. 30, 2011, s 3\ns 8 amd No. 30, 2011, s 3\npt 2\ndiv 2 hdg amd No. 30, 2011, s 3\nss 10 – 11 amd No. 30, 2011, s 3\npt 3\ndiv 1 hdg amd No. 30, 2011, s 3\ns 12 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 34, 2014, s 57; No. 9, 2022, s 6\ns 13 amd No. 30, 2011, s 3\ns 15 amd No. 30, 2011, s 3; No. 9, 2022, s 7\ns 16 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 8\n\nENDNOTES\nBirths, Deaths and Marriages Registration Act 1996 38\ns 17 amd No. 9, 2022, s 9\ns 19 amd No. 1, 2004, s 62; No. 30, 2011, s 3\ns 20 amd No. 30, 2011, s 3; No. 34, 2014, s 4\ns 23 amd No. 30, 2011, s 3\nsub No. 30, 2018, s 5\namd No. 9, 2022, s 10\ns 24 amd No. 30, 2011, s 3; No. 9, 2022, s 11\ns 25 amd No. 30, 2011, s 3\ns 25A ins No. 9, 2022, s 12\ns 26 amd No. 30, 2011, s 3; No. 9, 2022, s 13\nss 26A – 26B ins No. 9, 2022, s 14\ns 27 amd No. 30, 2011, s 3\ns 27A ins No. 9, 2013, s 115\namd No. 34, 2014, s 57\ns 28 amd No. 30, 2011, s 3\npt 4A hdg ins No. 12, 1997, s 6\nss 28A – 28B ins No. 12, 1997, s 6\namd No. 30, 2011, s 3\nsub No. 30, 2018, s 6\ns 28C ins No. 12, 1997, s 6\nsub No. 30, 2018, s 6\ns 28CA ins No. 30, 2018, s 6\ns 28D ins No. 12, 1997, s 6\nsub No. 30, 2018, s 6\nss 28E – 28F ins No. 12, 1997, s 6\namd No. 30, 2011, s 3; No. 30, 2018, s 7\ns 28G ins No. 12, 1997, s 6\namd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 30, 2018, s 7\nsub No. 9, 2022, s 15\nss 28H – 28J ins No. 12, 1997, s 6\namd No. 30, 2018, s 7\npt 4B hdg ins No. 8, 2022, s 64\nss 28K – 28P ins No. 8, 2022, s 64\nss 29 – 30 amd No. 30, 2011, s 3\npt 6\ndiv 1 hdg amd No. 30, 2011, s 3\ns 32 amd No. 30, 2011, s 3\ns 34 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 16\ns 35 amd No. 30, 2011, s 3\ns 36 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 17\ns 37 amd No. 44, 2005, s 22; No. 18, 2010, s 89; No. 30, 2011, s 3; No. 9, 2022,\ns 18\ns 38 amd No. 30, 2011, s 3\ns 39 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 19\nss 40 – 43 amd No. 30, 2011, s 3\nss 45 – 46 amd No. 30, 2011, s 3\ns 48 sub No. 34, 2014, s 5\npt 9 hdg amd No. 30, 2011, s 3\ns 49 amd No. 12, 2010, s 3\nsub No. 9, 2022, s 20\ns 50 amd No. 12, 2010, s 3\nsub No. 9, 2022, s 21\ns 51 amd No. 12, 2010, s 3; No. 9, 2022, s 22\ns 53 amd No. 12, 2010, s 3\ns 54 amd No. 38, 2010, s 3; No. 9, 2022, s 23\npt 10 hdg ins No. 34, 2014, s 6\npt 10\ndiv 1 hdg ins No. 34, 2014, s 6\n\nENDNOTES\nBirths, Deaths and Marriages Registration Act 1996 39\npt 10\ndiv 2 hdg ins No. 34, 2014, s 7\nss 57 – 59 ins No. 34, 2014, s 7","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Since enactment the Act's scope has been expanded and refined by later amendments recorded in the text. Notable extensions now included in the operative text are: the detailed regime for recording changes of sex or gender (Part 4A: ss 28A–28J) and the regime for registration of parentage orders (Part 4B: ss 28K–28P). The Act also acquired additional procedural constraints and exceptions on name changes (e.g. limits and exceptions in ss 26A–26B), specific provisions enabling the Commissioner of Correctional Services to direct refusal or reversal of name changes for serious sex offenders (s 27A), and a range of updated notification, penalty and evidence rules for doctors, institutions and funeral directors (see ss 12, 16, 34, 36). These additions are visible in the current structure and the sections cited, and they broaden the Register’s subject matter and the administrative rules that govern access, amendment and issuance of certified documents."},"complexity_factors":["Multiple subject areas combined: births, deaths, marriages, name changes, sex/gender changes, parentage orders (Parts 3–5, 4A, 4B).","Extensive cross-references to other laws and instruments (Surrogacy Act 2022, Serious Sex Offenders Act 2013, Coroners Act 1993, Marriage Act 1961 and Adoption of Children Act 1994).","Significant administrative discretion vested in the Registrar (ss 6, 26(1), 41–42) with tribunal review (s 48), creating interpretive complexity.","Detailed procedural and evidentiary rules for different actors (doctors, hospitals, funeral directors, applicants) with varied time limits and strict liability offences (ss 12, 16, 34, 36).","Multiple offence provisions with differing mental elements and penalties, including strict liability and substantial fines/imprisonment for falsification and unauthorised access (ss 4A, 49–51).","Technical record‑keeping requirements and correction powers (ss 38, 39, 40) and admissibility rules for certificates (s 44).","Regulatory delegation and inter-jurisdictional arrangements subject to security and policy conditions (ss 8, 11(3)–(4)), increasing implementation complexity.","Amendments over time adding new Parts and exceptions (e.g. 26A–26B limits/exceptions) create layered rules and transitional provisions (Part 10)."],"plain_english_summary":"What this law does, in plain terms\n\n- The Act creates and runs an official Register for births, deaths, marriages and certain related events, and sets out who must tell the Registrar when those events happen and what information must be recorded (see sections 3, 38). It also provides the process for registering name changes, changes of sex or gender, and the registration of parentage orders (see Parts 4, 4A and 4B: ss 22–28P).\n\nWho it affects\n\n- Individuals and families: parents, people seeking name changes, people seeking a recorded change of sex or gender, and people who are the subject of parentage orders (ss 22–28P).\n- Health and institutional professionals: doctors and psychologists who must provide certificates or notices (ss 12(3), 28C, 34(1)).\n- Institutions that manage births or deaths: hospitals, mental institutions, custodial correctional facilities and funeral directors who have notification duties and time limits (ss 12, 34, 36).\n- Government officials: the Registrar (appointed by the Minister) and Deputy Registrars who run the system and exercise broad discretion about access and corrections (ss 5–8, 6, 41–42).\n- Courts and tribunals: the Court may order registrations or additions; the Civil and Administrative Tribunal reviews Registrar decisions (ss 18, 48).\n\nHow it works mechanically\n\n- Registration and notification duties: the Act sets time limits and responsible persons for notifying births and deaths (e.g. birth notice within 10 days, s 12(2); birth registration statement within 60 days, s 16(1); doctors to notify death within 48 hours, s 34(1); funeral directors to notify disposal within 7 days, s 36(1)). Some notification offences carry monetary penalties and are strict liability (see ss 12(5A)–(5B), 16(1A), 34(1A), 36(4)).\n\n- What the Registrar does: the Registrar must maintain the Register, make entries about registrable events, issue certificates, decide access on specified conditions and protect privacy as far as practicable (ss 6, 38, 41, 43, 44). The Registrar may require evidence before registering a name change or other changes (s 26(1)), may refuse changes in prescribed circumstances (s 26(3)–(5)), and may correct the Register on inquiry (ss 39–40).\n\n- Changes of name: adults and children can apply to have a name change registered subject to eligibility rules, evidence requirements and limits on frequency (ss 22–27, 26A–26B). The Registrar may refuse if the resulting name would be \"prohibited\" (s 26(3)) or if fraud is suspected (s 26(1)–(4)). There are specific exceptions allowing additional changes for safety or court orders (s 26B).\n\n- Change of sex or gender: adults (and in some cases parents for children) can apply to have a recorded change of sex or gender if the person is on the Register and either has had appropriate clinical treatment or is an intersex person. Applications must be supported by a medical practitioner or psychologist statement (ss 28A–28C, 28D). Special rules govern child consent and the content of birth certificates after a change (ss 28CA, 28E–28G).\n\n- Parentage orders: where a parentage order is made under the Surrogacy Act or equivalent, the Registrar must register the order, re-register births where necessary, and issue birth certificates that replicate the order without indicating the person was subject to a parentage order (ss 28K–28N, 28P).\n\n- Access, privacy and fees: the Registrar decides who has an “adequate reason” to access records (ss 41–42) and must publish access policies (s 45). Regulations may set fees for searches and certificates; the Registrar may remit fees in appropriate cases (ss 46–47).\n\n- Enforcement and information integrity: the Act creates criminal offences for providing misleading information, unauthorised access, falsifying or amending certificates, and misuse of older birth certificates in ways likely to deceive; penalties include substantial fines and possible imprisonment (ss 49–51, 28G). Part IIAA of the Criminal Code applies to offences under the Act (s 4A).\n\nWhy it matters (official purpose and practical trade-offs)\n\n- Official purpose: the Act says its objects are to register and preserve information about births, deaths and marriages (and changes of name and sex or gender), provide access where appropriate, issue certified information, and collect statistics (s 3). Those are the mechanical aims the Registrar must pursue (s 6(c)).\n\n- Costs and incentives, drawn from the text:\n  - Who pays: applicants and users may pay fees for searches and certificates (s 46), while public bodies (hospitals, coroners, funeral directors, doctors) bear notification duties and potential penalty exposure for non‑compliance (ss 12, 34, 36). The Crown takes on liability for honest Registrar errors (s 52).\n  - Compliance burden: regulated parties must meet time limits, provide specified evidence for name or sex/gender changes (ss 12(2), 16(1), 26(1), 28C), and respond to Registrar inquiries (s 39). Strict liability on some notification offences increases compliance risk (see s 12(5B), s 16(1A), s 34(1A), s 36(4)).\n  - Discretion and decision-making: the Registrar has broad discretion over access decisions and evidentiary requirements (ss 26(1), 41(1), 42(3)), and the Minister controls appointment and can enter reciprocal data arrangements subject to security conditions (ss 5, 11(1)–(4)). Those powers concentrate decision-making in the Registrar/Minister but also subject decisions to review by the Tribunal (s 48).\n  - Trade-offs and risks: balancing access for statistical, research or identification purposes against privacy is explicit (s 41(5), s 43). Reciprocal arrangements with other jurisdictions are allowed but only if security and access policies are at least equal to Territory standards (s 11(4)). Implementation requires secure IT and clear access policies (s 45), and the Act gives the Registrar powers to correct or cancel entries (s 40), which may create operational burdens in record‑keeping and audit trails.\n\nConcrete mechanisms to note\n\n- Certificates issued by the Registrar are admissible evidence (s 44(2)).\n- Courts can order registrations or additions when necessary (s 18).\n- The Registrar may refuse or reverse name changes for persons caught by other laws (e.g. serious sex offenders on direction from the Commissioner of Correctional Services, s 27A).\n- The Act interacts with other laws: Surrogacy Act 2022 (parentage orders, Part 4B), Serious Sex Offenders Act 2013 (s 27A), Adoption Act (s 53), Coroners Act (s 35(3)), and the federal Marriage Act for marriage certificates (s 30).\n\nBottom line (mechanical effect):\n\nThe Act is a comprehensive framework for creating and maintaining official records of births, deaths, marriages, name changes, changes of sex or gender and parentage orders in the Northern Territory. It prescribes who must notify or apply, the evidence required for certain changes, the Registrar's powers and discretion about entries and access, the offences for misuse or falsification, and avenues for review (ss 3; Parts 3–7; ss 49–52; s 48). These mechanics allocate costs to applicants and regulated professionals, vest operational control with the Registrar under Ministerial oversight, and create compliance, privacy and data‑security duties that the Registrar must manage (ss 5–6, 11(4), 41–45)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1996 scope. While originally focused on births, deaths, and marriages, it has expanded to include: (1) registration of changes of sex or gender (Part 4A, inserted 1997, substantially amended 2018); (2) specific limitations and exceptions on name changes to prevent fraud (ss 26A, 26B, 25A, inserted/amended 2022); (3) special restrictions for serious sex offenders changing names (s 27A, inserted 2013); and (4) registration of parentage orders for surrogacy arrangements (Part 4B, inserted 2022). These additions reflect evolving social and legal recognition of gender diversity, concerns about identity fraud, and modern family formation through surrogacy."},"complexity_factors":["Multiple distinct subject matters (births, deaths, marriages, name changes, sex/gender changes, surrogacy parentage) consolidated in one Act","Cross-references to other legislation including the Surrogacy Act 2022, Marriage Act 1961 (Cth), Criminal Code, and Domestic and Family Violence Act 2007","Conditional logic for name changes with exceptions to limitations (s 26B) and specific exclusions for serious sex offenders (s 27A)","Specific evidentiary requirements for sex/gender changes requiring medical practitioner or psychologist certification (s 28C)","Age-based consent presumptions (14 years for name changes s 25(3) and sex/gender changes s 28CA(2))","Strict liability offences with specific defences (e.g., ss 12(5A), 34(1), 36)","Complex transitional provisions regarding review jurisdiction (Part 10, Division 2)"],"plain_english_summary":"This is the Northern Territory's law for officially recording life's major events: births, deaths, marriages, name changes, and changes of sex or gender. It establishes a Registrar (a government official) to maintain a permanent register of these events.\n\n**What it covers:**\n\n*   **Births:** Hospitals, doctors, or midwives must notify the Registrar of births within 10 days. Parents must register the birth within 60 days. The law covers what happens if parents disagree on the child's name, and allows the Registrar to assign a name if the chosen name is offensive, impractical, or if parents can't agree.\n*   **Deaths:** Doctors must notify the Registrar of deaths within 48 hours. Funeral directors must provide disposal details. The Registrar registers the death and can issue death certificates.\n*   **Marriages:** Marriages solemnised in the NT must be registered by lodging the marriage certificate with the Registrar.\n*   **Name changes:** Adults and children can apply to change their names, but there are limits (generally no more than one change per year or three changes total). Exceptions exist for domestic violence protection, marriage, divorce, or court orders. Serious sex offenders need special permission to change their names.\n*   **Change of sex or gender:** Adults and children can apply to register a change of sex or gender, provided they have appropriate clinical treatment or are intersex. Children aged 14+ are presumed to understand and must consent. New birth certificates are issued reflecting the change, and it's an offence to use the old certificate to deceive someone.\n*   **Surrogacy:** The law provides for registering parentage orders made under the Surrogacy Act 2022, allowing intended parents to be recorded as the legal parents of a child born through surrogacy.\n\n**Who it affects:** Everyone in the Northern Territory—parents, married couples, doctors, funeral directors, hospitals, and anyone wanting to change their name or sex/gender marker.\n\n**Why it matters:** This law creates the official record of identity. Birth certificates, death certificates, and marriage certificates are essential legal documents used for passports, driver's licences, inheritance, and proving family relationships. The law balances public access to these records with privacy protections."}},"importantCases":[],"_links":{"self":"/api/acts/births-deaths-and-marriages-registration-act-1996","history":"/api/acts/births-deaths-and-marriages-registration-act-1996/history","analysis":"/api/acts/births-deaths-and-marriages-registration-act-1996/analysis","conflicts":"/api/acts/births-deaths-and-marriages-registration-act-1996/conflicts","importantCases":"/api/acts/births-deaths-and-marriages-registration-act-1996/important-cases","documents":"/api/acts/births-deaths-and-marriages-registration-act-1996/documents"}}