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Report in relation to the Births, Deaths and Marriages Registration Bill 1998 and Acts Repeal and Amendment (Births, Deaths and Marriages Registration) Bill 1998

Show details for Executive Summary and RecommendationsExecutive Summary and Recommendations
Hide details for Executive Summary and RecommendationsExecutive Summary and Recommendations

Executive Summary

The principal purpose of the Births Deaths and Marriages Bill ("the Principal Bill") is to retain the traditional framework of compulsory civil registration while facilitating the introduction of common services across Australia. The Principal Bill is pursuant to recommendations of the 1993 report entitled Project Link ("the Report") commissioned by the Standing Committee of Attorneys General. The report recommended the integration of State Registry services.

Features of the Principal Bill include provisions to - The Committee’s report makes recommendations in relation to each and every clause of the Principal Bill and, where appropriate, provides comment on the clause. The Committee also makes recommendations in relation to each and every clause of the Amendment Bill, which is considered in the latter part of the report, and highlights where the Principal Bill changes existing legislation and procedures.


Recommended Amendments

The Principal Bill and the Amendment Bill be passed with the following amendments:-

1)
        Paragraph (c) of the definition of “prohibited name” in clause 4 be deleted.
2)
        The words “it is not practicable” in Clause 15 are deleted and the words “it is impracticable for the other parent to join or be required to join in the application because of his or her death, disappearance, ill health or unavailability or the need to avoid unwarranted distress.” be inserted.
3)
        There be further examination of difficulties arising from the registration of names of people of Asian extraction.
4)
        In clause 34(2), the words “the change of name may be registered under this Act if the Registrar considers that it is appropriate to do so” be deleted and the words “the Registrar is to register the change of name unless the personal safety of the person requires otherwise” be inserted.
5)
        Clause 59 be amended to provide a maximum penalty of $10,000 for false representation.

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