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) 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] Subject to subsection (7) , 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] An applicant for a birth certificate in relation to a person must, if there is a registered sex in relation to the person –