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Births, Deaths and Marriages Registration Act 1997
6December 2025. It also includes any commencement, amendment, repeal or expiry affecting
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6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 6 December 2025.
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 $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of adult and child 3
4A Offences against Act—application of Criminal Code etc 3
4B Meaning of birth parent—pt 2 4
5 Notification of births 4
6 Meaning of birth registration statement for div 2.2 6
Page
contents 2 Births, Deaths and Marriages Registration Act 1997
7 When registration of birth is required or authorised 6
8 Responsibility to have birth registered 6
9 How to have the birth of a child registered 7
10 Obligation to have birth registered 8
11 How births are registered 8
12 Name of child 9
13 Dispute about child’s name 9
14 Registration of parentage details 9
15 Jurisdiction of Supreme Court to order registration of birth 10
16 Addition or alteration of details of parentage after registration of birth 10
16A Registration of parentage order 13
16B Re-registration of birth if parentage order made 13
17 Change of name by registration 15
18 Application to register change of adult’s name 15
19 Application by parent to register change of child’s name 15
19A Application by young person to register change of given name 17
20 Registration of change of name 17
21 Change of name entries in register 19
22 Change of name may still be established by repute or usage 20
22A Definitions—div 3.2 20
22B Application for approval for restricted person to make change of name
application 21
22C Decision on s 22B application 21
22D Notice of decision 22
22E Offences—restriction on change of name application by restricted
person etc 22
22F Registrar-general must not register change of name without relevant
director-general’s approval 23
22G Registrar-general may correct register 23
Page
contents 3
22H Information-sharing 24
22I Protection of security sensitive information 24
22J ACAT or court review—security sensitive information 25
24 Application to alter register to record change of sex 27
25 Evidence in support of application 28
26 Alteration of register 29
27 Showing information about sex on birth certificate 29
28 Use of old birth certificate to deceive 30
29 Entitlement not affected by change of sex 31
Division 4.2 ACT residents with birth registered elsewhere
29A Application for recognised details certificate 31
29B Evidence in support of application for recognised details certificate 32
29C Issue of recognised details certificate 33
29D Effect of recognised details certificate and interstate recognised details
certificate 33
Division 4.3 Nominating sex in applications under this part
29DA Nominating sex in applications under this part 34
29E Application by young person for leave to apply for change of given
name or sex etc 35
29EA Copy of birth certificate for ACAT 36
29F Notification about application 36
29G ACAT hearing an application for leave etc 38
29H ACAT deciding an application for leave 40
29I Copy of order for registrar-general 41
30 When registration of marriages is required 42
31 How to have a marriage registered 42
32 How marriages are registered 42
Page
contents 4 Births, Deaths and Marriages Registration Act 1997
32A Registration of civil union 43
32B How civil union is registered 43
32C Particulars of end of civil union 44
Part 5B Civil partnerships
32D Particulars of civil partnership 45
32E Particulars of end of civil partnership 45
Division 6.1 When registration of deaths is required or authorised
33 When registration to happen 46
34 Circumstances in which deaths are not to be registered 47
35 Notification of deaths by doctors 47
36 Certificates of deaths subject to inquests 48
37 Notification by funeral directors etc 48
38 How deaths are registered 50
38A Information about tissue donation 51
39 The register 52
40 Correction of register 52
Division 7.2 Inquiries
41 Registrar-general’s powers of inquiry 53
42 Access to register 54
43 Search of register 55
44 Protection of privacy 56
45 Issue of certificates 56
46 Access policies 58
47 Registrar-general may collect other information 58
Page
contents 5
48 Additional services 59
50 Unauthorised access to, or interference with, register 60
51 Confiscation of forged etc instruments 60
52 Confiscation of erroneous or false instruments 61
Part 8 Notification and review of decisions
53 Meaning of reviewable decision—pt 8 63
54 Reviewable decision notices 63
55 Applications for review 63
65 Certificate evidence 64
66 Arrangements with States and other Territories 65
67 Determination of fees 66
68 Power to remit fees 66
69 Approved forms 66
70 Regulation-making power 66
Schedule 1 Reviewable decisions 68
Dictionary 69
1 About the endnotes 72
2 Abbreviation key 72
3 Legislation history 73
4 Amendment history 79
5 Earlier republications 91
6 Expired transitional or validating provisions 93
An Act relating to the registration of births, deaths, marriages, civil unions, civil
partnerships and changes of name and sex, and for related purposes