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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 29A
Requirement to disclose criminal record
29A Requirement to disclose criminal record
(1) The form approved by the Registrar for an application for registration of
a change of an adult’s name is to include a requirement to the effect that
the applicant disclose whether he or she has been convicted of a
relevant offence.
(2) The form approved by the Registrar for an application
for registration of a change of a child’s name is to include a requirement
to the effect that the applicant disclose whether the child has been convicted
of a relevant offence.
(3) An offence against section 57 in relation to a
false or misleading disclosure referred to in this section in an application
for registration of a change of name is in addition to an offence against that
section for any other false or misleading representation made in the same
application.
(4) In this section-
"conviction for an offence" - (a) includes the making of an order under
section 10 of the Crimes (Sentencing Procedure) Act 1999 , and
(b) does not
include a spent conviction within the meaning of Part 2 of the
Criminal Records Act 1991 or a conviction that is taken to be quashed within
the meaning of Part 4 of that Act.
"relevant offence" means- (a) an offence in New South Wales that is punishable
by imprisonment for 12 months or more, or
(b) an offence in a jurisdiction
other than New South Wales that, if committed in New South Wales, would be an
offence so punishable.
Note : The provision of false or misleading
information in an application for registration of a change of name in relation
to disclosure of convictions for relevant offences constitutes an offence
against section 57 with a maximum penalty of 100 penalty units or 2 years
imprisonment or both.
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