sec.35Notation of change of name other than by registration

### sec.35 Notation of change of name other than by registration This section applies if— a person’s birth or adoption was registered in Queensland; and the person’s name has been changed under the law of another State or other legal process. an order of a Queensland court or a non-Queensland court, including an order approving a change of name a deed poll under the law of another State An adult person may apply to the registrar to note the change of the person’s name. A child’s parents may apply to the registrar to note the change of the child’s name. However, 1 of the parents may apply to note the change of the child’s name if— the parent is the only parent of the child entered in the relevant child register; or the other parent is dead and there is no other person with parental responsibility for the child; or the parent has sole parental responsibility, under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII, to make decisions about— major long-term issues for the child; or the child’s name; or a Magistrates Court approves the change of name under section 30 ; or a Queensland court or non-Queensland court has ordered the change of name. A person may apply to note the change of the child’s name if— circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and the person is a person mentioned in column 2 of the table opposite those circumstances. Two or more persons may apply to note the change of the child’s name if— circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and the persons are persons mentioned in column 2 of the table opposite those circumstances. An application made under this section must be— in the form required by the registrar and made in an approved way; and accompanied by— a document, prescribed by regulation, that evidences that the person’s name has been changed under the law of another State or other legal process; and the fee prescribed by regulation. Before noting the change of a person’s name, the registrar may require— evidence of the following— the identity and age of the person; that the change of name is not sought for a fraudulent or other improper purpose; and other information the registrar believes is relevant to the application. The registrar must not approve an application to note the change of a person’s name— if the registrar is not satisfied of— the identity of the applicant, or each of the applicants; and the identity of the person whose change of name is to be noted; or if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or if the name is a prohibited name. If an application to note a person’s change of name states only 1 name for the person, the name is taken, for this Act, to be the person’s surname. In this section— note , a change of a person’s name, means note a change of the person’s name in the relevant child register. (sec.35-ssec.1) This section applies if— a person’s birth or adoption was registered in Queensland; and the person’s name has been changed under the law of another State or other legal process. an order of a Queensland court or a non-Queensland court, including an order approving a change of name a deed poll under the law of another State (sec.35-ssec.2) An adult person may apply to the registrar to note the change of the person’s name. (sec.35-ssec.3) A child’s parents may apply to the registrar to note the change of the child’s name. (sec.35-ssec.4) However, 1 of the parents may apply to note the change of the child’s name if— the parent is the only parent of the child entered in the relevant child register; or the other parent is dead and there is no other person with parental responsibility for the child; or the parent has sole parental responsibility, under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII, to make decisions about— major long-term issues for the child; or the child’s name; or a Magistrates Court approves the change of name under section 30 ; or a Queensland court or non-Queensland court has ordered the change of name. (sec.35-ssec.5) A person may apply to note the change of the child’s name if— circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and the person is a person mentioned in column 2 of the table opposite those circumstances. (sec.35-ssec.6) Two or more persons may apply to note the change of the child’s name if— circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and the persons are persons mentioned in column 2 of the table opposite those circumstances. (sec.35-ssec.7) An application made under this section must be— in the form required by the registrar and made in an approved way; and accompanied by— a document, prescribed by regulation, that evidences that the person’s name has been changed under the law of another State or other legal process; and the fee prescribed by regulation. (sec.35-ssec.8) Before noting the change of a person’s name, the registrar may require— evidence of the following— the identity and age of the person; that the change of name is not sought for a fraudulent or other improper purpose; and other information the registrar believes is relevant to the application. (sec.35-ssec.9) The registrar must not approve an application to note the change of a person’s name— if the registrar is not satisfied of— the identity of the applicant, or each of the applicants; and the identity of the person whose change of name is to be noted; or if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or if the name is a prohibited name. (sec.35-ssec.10) If an application to note a person’s change of name states only 1 name for the person, the name is taken, for this Act, to be the person’s surname. (sec.35-ssec.11) In this section— note , a change of a person’s name, means note a change of the person’s name in the relevant child register. - (a) a person’s birth or adoption was registered in Queensland; and - (b) the person’s name has been changed under the law of another State or other legal process. Examples of other legal process— • an order of a Queensland court or a non-Queensland court, including an order approving a change of name • a deed poll under the law of another State - • an order of a Queensland court or a non-Queensland court, including an order approving a change of name - • a deed poll under the law of another State - • an order of a Queensland court or a non-Queensland court, including an order approving a change of name - • a deed poll under the law of another State - (a) the parent is the only parent of the child entered in the relevant child register; or - (b) the other parent is dead and there is no other person with parental responsibility for the child; or - (c) the parent has sole parental responsibility, under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII, to make decisions about— (i) major long-term issues for the child; or (ii) the child’s name; or - (i) major long-term issues for the child; or - (ii) the child’s name; or - (d) a Magistrates Court approves the change of name under section 30 ; or - (e) a Queensland court or non-Queensland court has ordered the change of name. - (i) major long-term issues for the child; or - (ii) the child’s name; or - (a) circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and - (b) the person is a person mentioned in column 2 of the table opposite those circumstances. - (a) circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and - (b) the persons are persons mentioned in column 2 of the table opposite those circumstances. - (a) in the form required by the registrar and made in an approved way; and - (b) accompanied by— (i) a document, prescribed by regulation, that evidences that the person’s name has been changed under the law of another State or other legal process; and (ii) the fee prescribed by regulation. - (i) a document, prescribed by regulation, that evidences that the person’s name has been changed under the law of another State or other legal process; and - (ii) the fee prescribed by regulation. - (i) a document, prescribed by regulation, that evidences that the person’s name has been changed under the law of another State or other legal process; and - (ii) the fee prescribed by regulation. - (a) evidence of the following— (i) the identity and age of the person; (ii) that the change of name is not sought for a fraudulent or other improper purpose; and - (i) the identity and age of the person; - (ii) that the change of name is not sought for a fraudulent or other improper purpose; and - (b) other information the registrar believes is relevant to the application. - (i) the identity and age of the person; - (ii) that the change of name is not sought for a fraudulent or other improper purpose; and - (a) if the registrar is not satisfied of— (i) the identity of the applicant, or each of the applicants; and (ii) the identity of the person whose change of name is to be noted; or - (i) the identity of the applicant, or each of the applicants; and - (ii) the identity of the person whose change of name is to be noted; or - (b) if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or - (c) if the name is a prohibited name. - (i) the identity of the applicant, or each of the applicants; and - (ii) the identity of the person whose change of name is to be noted; or