46Issue of certificate

### 46 Issue of certificate > > (1)  On completing a search of the Register, the Registrar may issue a certificate – > > > > > > (a) certifying particulars contained in an entry; or > > > > > > > (b) certifying that no entry was located in the Register about the relevant registrable event. > > > (2)  A certificate under [subsection (1)(a)](#GS46@Gs1@Hpa@EN) is admissible in legal proceedings as evidence of – > > > > > > (a) the entry to which the certificate relates; and > > > > > > > (b) the facts recorded in the entry. > > > (3)  [*\[Section 46 Subsection (3) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) Subject to [subsection (7)](#GS46@Gs7@EN) , information about the sex, or gender, of a person may only be included on a birth certificate if – > > > > > > (a) the information is requested by a person who has attained the age of 16 years and who is the person to whom the certificate relates; or > > > > > > > (b) if the person to whom the certificate relates has not attained the age of 16 years – if the information is requested by a parent or guardian of the person; or > > > > > > > (c) if the information is requested by an applicant who is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and if the Registrar is satisfied that – > > > > > > > > > > (i) there is a valid reason for the child or person, respectively, to have access to the information; and > > > > > > > > > > > (ii) the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and > > > > > > > > > > > (iii) there are unlikely to be negative consequences to the person to whom the certificate relates. > > > (4)  [*\[Section 46 Subsection (4) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) An applicant for a birth certificate in relation to a person must, if there is a registered sex in relation to the person – > > > > > > (a) request the Registrar not to include on the birth certificate any reference to sex or gender; or > > > > > > > (b) request the Registrar to include on the birth certificate the registered sex in relation to the person, without a notation as to each previous registered sex in relation to the person; or > > > > > > > (c) request the Registrar to include on the birth certificate the registered sex in relation to the person, with a notation as to each previous registered sex in relation to the person. > > > (5)  [*\[Section 46 Subsection (5) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) An applicant for a birth certificate in relation to a person must, if there is a registered gender in relation to the person – > > > > > > (a) request the Registrar not to include on the birth certificate any reference to the sex or gender of the person; or > > > > > > > (b) request the Registrar to include on the birth certificate the registered gender in relation to the person, without a notation as to any other sex or gender in relation to the person; or > > > > > > > (c) request the Registrar to include on the birth certificate the registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person. > > > (6)  [*\[Section 46 Subsection (6) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) If an application is made to the Registrar for a birth certificate in relation to a person and the applicant – > > > > > > (a) has made a request under [subsection (4)(a)](#GS46@Gs4@Hpa@EN) or [(5)(a)](#GS46@Gs5@HpaEN) , the Registrar is not to include on the birth certificate any reference to sex or gender; or > > > > > > > (b) has made a request under [subsection (4)(b)](#GS46@Gs4@HpbEN) or [(5)(b)](#GS46@Gs5@Hpb@EN) , the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, without a notation as to any other sex or gender; or > > > > > > > (c) has made a request under [subsection (4)(c)](#GS46@Gs4@Hpc@EN) or [(5)(c)](#GS46@Gs5@Hpc@EN) , the Registrar is to include on the birth certificate the registered sex or registered gender in relation to the person, with a notation as to each previous registered sex, and each previous registered gender, in relation to the person. > > > (7)  [*\[Section 46 Subsection (7) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) The Registrar must ensure that, on a birth certificate that is issued, in relation to the birth of a person, in accordance with a request under [subsection (4)(b)](#GS46@Gs4@Hpb@EN) or [(c)](#GS46@Gs4@Hpc@EN) or [subsection (5)(b)](#GS46@Gs5@Hpb@EN) or [(c)](#GS46@Gs5@Hpc@EN)  – > > > > > > (a) any denotation of the current registered sex or registered gender of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to gender; and > > > > > > > (b) any denotation of the previous registered sex, or previous registered gender, of the person by a word or phrase is made without any reference to sex and with a denotation that the word or phrase relates to the previous registered gender of the person. > > > (8)  [*\[Section 46 Subsection (8) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) If a change of name is registered under [Part 4](#HP4@EN) in relation to a person, a birth certificate issued in relation to the person is to – > > > > > > (a) show the name so registered without any notation or indication that there was another name previously registered in relation to the person; or > > > > > > > (b) if a request is made to the Registrar under [subsection (9)](#GS46@Gs9@EN) in relation to the person and the Registrar is not prevented under [subsection (10)](#GS46@Gs10@EN) from complying with the request, show the name so registered with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered. > > > (9)  [*\[Section 46 Subsection (9) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) An applicant for a birth certificate in relation to a person whose change of name is registered under [Part 4](#HP4@EN) may request the Registrar to issue a birth certificate in relation to the person with a notation or indication as to each other name that was registered in relation to the person before the change of name was registered. > > > (10)  [*\[Section 46 Subsection (10) inserted by No. 7 of 2019, s. 22, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS22@EN) If the person making a request under [subsection (9)](#GS46@Gs9@EN) in relation to an application for a birth certificate in relation to a person is not the person to whom the birth certificate relates, the Registrar must not comply with the request unless the applicant is the child of the person to whom the certificate relates, or a member of a class of prescribed persons, and the Registrar is satisfied that – > > > > > > (a) there is a valid reason for the child or person, respectively, to have access to the information; and > > > > > > > (b) the person to whom the birth certificate relates is unable to consent to the disclosure of the information due to death or incapacity; and > > > > > > > (c) there are unlikely to be negative consequences to the person to whom the certificate relates.