South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Births, Deaths and Marriages (Change of Name) Amendment
Bill 2009
A BILL FOR
An Act to amend the Births, Deaths and Marriages Registration
Act 1996.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Births, Deaths and Marriages
Registration Act 1996
4 Insertion of section
24A
24A Declaration on application and provision of
information to Commissioner of Police
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Births, Deaths and Marriages (Change of
Name) Amendment Act 2009.
This Act will come into operation 3 months after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Births, Deaths and Marriages Registration
Act 1996
After section 24 insert:
24A—Declaration on application and provision of
information to Commissioner of Police
(1) An adult person who applies for registration of a change of the
person's name must, at the time of making the application, make a declaration
indicating whether—
(a) he or she has been convicted of an indictable offence in the
5 years immediately preceding the application; or
(b) he or she is, at the time of making the application, charged with an
indictable offence.
(2) Subsection (1) does not apply to an application if the Registrar
is satisfied that the application is for a change of name related only to a
marriage or divorce.
(3) A person who makes a false or misleading representation in a
declaration under subsection (1), knowing it to be false or misleading, is
guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) The Commissioner of Police may provide to the Registrar the name of a
person who has been convicted of a prescribed offence.
(5) If the Registrar receives the name of a person from the Commissioner
of Police under subsection (4), the Registrar must—
(a) retain that name, in a manner the Registrar thinks fit, for a period
of 5 years from the date of its receipt; and
(b) notify the Commissioner of Police of any application made by that
person to change that name while the name is kept under
paragraph (a).
(6) If—
(a) a person who applies for a registration of a change of name declares
under this section that—
(i) he or she has been convicted of an indictable offence in the
5 years immediately preceding the application; or
(ii) he or she is, at the time of making the application, charged with an
indictable offence; or
(b) a person whose name is being retained by the Registrar under
subsection (5) makes an application for registration of a change of his or
her name,
the Registrar must provide to the Commissioner of Police the following
details of the application:
(c) the name of the applicant before the proposed registration of change
of name;
(d) the address of the applicant;
(e) the name proposed for registration by the applicant,
and must not register the change of name until those details have been
provided.
(7) In this section—
prescribed offence means—
(a) a major indictable offence against Part 5 of the Criminal Law
Consolidation Act 1935; or
(b) an offence against Part 5A or 7 of the Criminal Law
Consolidation Act 1935; or
(c) an offence of a sexual nature committed against a child.