Australian Capital Territory Current Acts

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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 29A

Application for recognised details certificate

    (1)     A person may apply to the registrar-general for a document that acknowledges a person's name and sex (a recognised details certificate ) if—

        (a)     the person is—

              (i)     at least 14 years old; or

              (ii)     at least 12 years old, but not yet 14 years old and—

    (A)     the parents of the young person consent to the application; or

    (B)     if it is not practicable or reasonable to obtain the consent of both parents—1 parent consents to the application; or

    (C)     if a circumstance prescribed by regulation applies—a stated person with parental responsibility for the young person consents to the application; or

              (iii)     not yet 14 years old and the ACAT has granted leave under part 4A (ACAT leave for certain applications) for the young person to apply; and

        (b)     the person is domiciled or resident in the ACT; and

        (c)     the person's birth is registered in a place other than the ACT; and

        (d)     the person believes their sex to be the sex nominated in the application.

Note 1     If a form is approved under s 69 for an application, the form must be used.

Note 2     A fee may be determined under s 67 for an application.

    (2)     The parents of, or a person with parental responsibility for, a child may apply to the registrar-general for a recognised details certificate for the child if—

        (a)     the child is domiciled or resident in the ACT; and

        (b)     the child's birth is registered in a place other than the ACT; and

        (c)     the parents, or person with parental responsibility, believe on reasonable grounds that a recognised details certificate for the child is in the best interests of the child.

    (3)     However, an application under subsection (2) may be made by 1 parent if—

        (a)     the applicant is the only parent named in a register kept under a corresponding law or the law of any place outside Australia; or

        (b)     there is no other surviving parent of the child.

    (4)     An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.



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