QLDIn ForceAct
Births, Deaths and Marriages Registration Act 2023
sec.28Meaning of eligible child
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### sec.28 Meaning of eligible child
A child is an eligible child , for an application to register a change of the child’s name, if—
the child’s birth or adoption was registered in Queensland; or
both of the following apply—
the child was born outside Australia and the child’s birth was not registered in another State;
either—
the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or
the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
Despite any restriction in subsection (1) , a child is an eligible child, for an application to register a change of the child’s name, if the registrar is satisfied there are exceptional circumstances for accepting the application.
Despite any restriction in subsection (1) (b) (ii) , a child is an eligible child, for an application to register a change of the child’s name, if—
the application relates to a marriage or divorce of at least 1 of the applicants; or
the registrar is satisfied that the application is for the purpose of protecting the child or a person associated with the child; or
The application is for the purpose of protecting the child from domestic violence.
a non-Queensland court has directed the registrar to accept the application.
(sec.28-ssec.1) A child is an eligible child , for an application to register a change of the child’s name, if— the child’s birth or adoption was registered in Queensland; or both of the following apply— the child was born outside Australia and the child’s birth was not registered in another State; either— the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
(sec.28-ssec.2) Despite any restriction in subsection (1) , a child is an eligible child, for an application to register a change of the child’s name, if the registrar is satisfied there are exceptional circumstances for accepting the application.
(sec.28-ssec.3) Despite any restriction in subsection (1) (b) (ii) , a child is an eligible child, for an application to register a change of the child’s name, if— the application relates to a marriage or divorce of at least 1 of the applicants; or the registrar is satisfied that the application is for the purpose of protecting the child or a person associated with the child; or The application is for the purpose of protecting the child from domestic violence. a non-Queensland court has directed the registrar to accept the application.
- (a) the child’s birth or adoption was registered in Queensland; or
- (b) both of the following apply— (i) the child was born outside Australia and the child’s birth was not registered in another State; (ii) either— (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (i) the child was born outside Australia and the child’s birth was not registered in another State;
- (ii) either— (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or
- (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (i) the child was born outside Australia and the child’s birth was not registered in another State;
- (ii) either— (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or
- (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or
- (B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.
- (a) the application relates to a marriage or divorce of at least 1 of the applicants; or
- (b) the registrar is satisfied that the application is for the purpose of protecting the child or a person associated with the child; or Example for paragraph (b) — The application is for the purpose of protecting the child from domestic violence.
- (c) a non-Queensland court has directed the registrar to accept the application.