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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - NOTES

Version No. 041

No. 43 of 1996
Version incorporating amendments as at
5 October 2023

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Version No. 041

Births, Deaths and Marriages Registration Act 1996

No. 43 of 1996
Version incorporating amendments as at
5 October 2023

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 17 October 1996

Legislative Council: 13 November 1996

The long title for the Bill for this Act was "to re-enact with amendments the law relating to births, deaths and marriages in Victoria, to repeal the Registration of Births Deaths and Marriages Act 1959 and for other purposes."

The Births, Deaths and Marriages Registration Act 1996 was assented to on 26 November 1996 and came into operation as follows:

Part 1 (sections 1–4) on 26 November 1996: section 2(1); rest of Act on 2 October 1997: Government Gazette 2 October 1997 page 2731.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Births, Deaths and Marriages Registration Act 1996 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:

2.6.98

Commencement Date:

S. 311(Sch. 1 item 9) on 1.7.98: Government Gazette 18.6.98 p. 1512

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 12) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration (Amendment) Act 2004, No. 29/2004

Assent Date:

1.6.04

Commencement Date:

1.1.05: s. 2(2)

Current State:

All of Act in operation

Death Notification Legislation (Amendment) Act 2004, No. 36/2004

Assent Date:

8.6.04

Commencement Date:

Ss 16–19 on 26.11.04: Special Gazette (No. 246) 26.11.04 p. 1

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 19) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Sex Offenders Registration (Amendment) Act 2005, No. 34/2005

Assent Date:

21.6.05

Commencement Date:

Ss 28, 29 on 1.8.05: Government Gazette 28.7.05 p. 1642

Current State:

This information relates only to provision/s amending the Births, Deaths and Marriages Registration Act 1996

Health Professions Registration Act 2005, No. 97/2005

Assent Date:

7.12.05

Commencement Date:

S. 182(Sch. 4 item 5) on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Relationships Act 2008, No. 12/2008

Assent Date:

15.4.08

Commencement Date:

S. 73(1)(Sch. 1 item 4) on 1.12.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:

2.9.08

Commencement Date:

S. 247 on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:

11.12.08

Commencement Date:

Ss 149–154 on 1.1.10: s. 2(3)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Coroners Act 2008, No. 77/2008

Assent Date:

11.12.08

Commencement Date:

S. 129(Sch. 2 item 3) on 1.11.09: s. 2

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 34 on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:

8.6.10

Commencement Date:

S. 47 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 6) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013

Assent Date:

19.11.13

Commencement Date:

Ss 12–14 on 1.7.14: Special Gazette (No. 17) 28.1.14 p. 1

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:

27.6.14

Commencement Date:

S. 33(Sch. item 5) on 30.6.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment (Succession and Surrogacy) Act 2014, No. 80/2014

Assent Date:

21.10.14

Commencement Date:

Ss 42, 43 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 2

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016

Assent Date:

1.3.16

Commencement Date:

Ss 38–40 on 1.3.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Voluntary Assisted Dying Act 2017, No. 61/2017

Assent Date:

5.12.17

Commencement Date:

Ss 119, 120 on 19.6.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 15) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:

29.5.18

Commencement Date:

Ss 4–7 on 12.10.18: s. 2(4)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:

25.9.18

Commencement Date:

S. 15 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019

Assent Date:

3.9.19

Commencement Date:

Ss 4–20 on 1.5.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:

31.5.22

Commencement Date:

S. 47 on 1.6.22: s. 2(1); ss 41–46 on 5.10.23: s. 2(5)

Current State:

This information relates only to the provision/s amending the Births, Deaths and Marriages Registration Act 1996

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    3     Explanatory details

No entries at date of publication.


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