Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 123

123 Insertion of new ss 41DA and 41DB

After section 41D —
insert—

41DA Registering cultural recognition order

(1) This section applies if—

(a) a cultural recognition order is made in relation to a person whose birth was registered in Queensland; and

(b) the registrar receives an original copy of the cultural recognition order from the commissioner.

(2) The registrar must register the transfer of parentage by incorporating into the cultural recognition register the copy mentioned in subsection (1)(b).

(3) Also, the registrar must close the person’s birth entry by—

(a) noting on the birth entry (a
"closed entry" ) a reference to the registration mentioned in subsection (2); and

(b) noting on the cultural recognition register entry a reference to the closed entry or entries.

(4) In this section—

"commissioner" means the person appointed as commissioner under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 .

41DB Amending registers on making of discharge order

(1) This section applies if—

(a) the registrar has registered a cultural recognition order about a person under section 41DA; and

(b) a discharge order is made in relation to the cultural recognition order; and

(c) the registrar receives—

(i) an original copy of the discharge order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 79; and

(ii) an application to register the discharge order.

(2) An application under subsection (1)(c)(ii) must contain the information prescribed by regulation.

(3) The registrar must re-register the registrable event to which the closed entry relates by—

(a) making a new entry in the birth register that includes—

(i) all the information that was in the closed entry other than information about the making or discharge of the relevant cultural recognition order; and

(ii) a note that the new entry was made under this section; and

(iii) a reference to the entry closed under subsection (4); and

(b) noting on the closed entry—

(i) that the person’s birth has been re-registered under this section; and

(ii) a reference to the new entry made under paragraph (a).

(4) Also, the registrar must close the entry that was made to register the cultural recognition order by—

(a) incorporating in the entry the original copy mentioned in subsection (1)(c)(i); and

(b) noting on the entry—

(i) that the relevant cultural recognition order has been discharged; and

(ii) that the person’s birth has been re-registered under this section; and

(iii) a reference to the new entry made under subsection (3)(a).

(5) The registrar may make any other notations in the register that the registrar considers necessary to ensure the register includes the correct information for the person.

(6) In this section—

"closed entry" , in relation to an entry in the register in relation to a person’s birth, means the entry for the person’s birth that was closed because of the relevant cultural recognition order.

"discharge order" see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1.

"relevant cultural recognition order" means the cultural recognition order that was discharged by the order mentioned in subsection (1).