BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996
NORTHERN TERRITORY OF AUSTRALIA
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996
As in force at 20 December 2022
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects of Act .................................................................................. 1
4 Definitions ........................................................................................ 2
4A Application of Criminal Code ........................................................... 4
Part 2 Administration
Division 1 Registrar
5 Registrar .......................................................................................... 4
6 Registrar's general functions ........................................................... 4
7 Deputy Registrars ............................................................................ 4
8 Delegation ....................................................................................... 4
Division 2 Execution of documents
9 Registrar's seal ................................................................................ 5
10 Execution of documents .................................................................. 5
Division 3 Reciprocal administrative arrangements
11 Reciprocal administrative arrangements ......................................... 5
Part 3 Registration of births
Division 1 Notification of births
12 Notification of births ......................................................................... 6
Division 2 Registration of births
13 When registration of birth is required or authorised ......................... 7
14 How to have birth of child registered ............................................... 8
15 Responsibility to have birth registered ............................................. 8
16 Obligation to have birth registered ................................................... 8
17 Registration ..................................................................................... 8
-- 1 of 43 --
Births, Deaths and Marriages Registration Act 1996 ii
Division 3 Court order for registration of birth
18 Jurisdiction of Court to order registration of birth ............................. 9
Division 4 Alteration of details of birth registration
19 Addition of details of parentage after registration of birth ................ 9
Division 5 Child's name
20 Name of child................................................................................. 10
21 Dispute about child's name............................................................ 10
Part 4 Change of name
22 Change of name by registration..................................................... 11
23 Application to register change of adult's name .............................. 11
24 Application to register change of child's name ............................... 11
25 Child's consent to change of name ................................................ 12
25A Convictions of person to be included in application ....................... 12
26 Registration of change of name ..................................................... 13
26A Limitation on number of changes of name ..................................... 13
26B Exceptions to certain requirements and limitation ......................... 14
27 Entries to be made in Register ...................................................... 14
27A Change of name of serious sex offender ....................................... 15
28 Change of name may still be established by repute or usage ....... 15
Part 4A Registration of change of sex or gender
28A Definitions ...................................................................................... 16
28B Application to register change of sex or gender............................. 16
28C Information that must accompany application................................ 17
28CA Child's consent to change of sex or gender ................................... 18
28D Registration of change of sex or gender ........................................ 18
28E Issuing of birth certificate after noting change ............................... 18
28F Issuing of old birth certificate ......................................................... 18
28G Use of old birth certificate .............................................................. 18
28H Effect of registration of person's change of sex or gender ............. 19
28J Recognition certificate ................................................................... 19
Part 4B Registration of parentage order
28K Definition........................................................................................ 19
28L Registration of parentage order ..................................................... 19
28M Registration of birth ....................................................................... 19
28N Issuing of birth certificate after parentage order ............................ 20
28P Request for original birth certificate ............................................... 21
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Births, Deaths and Marriages Registration Act 1996 iii
Part 5 Registration of marriages
29 When registration of marriage is required ...................................... 21
30 How to have marriage registered................................................... 21
31 Registration of marriage ................................................................ 21
Part 6 Registration of deaths
Division 1 When registration of death is required or
authorised
32 Deaths to be registered under this Act .......................................... 22
33 Power to direct registration of death .............................................. 22
Division 2 Notification of deaths
34 Notification of deaths by doctors.................................................... 22
35 Notification of cause of death by coroner ...................................... 23
36 Notification by funeral director ....................................................... 23
Division 3 Registration of death
37 Registration ................................................................................... 24
Part 7 Register
Division 1 Keeping of Register
38 Register ......................................................................................... 25
Division 2 Registrar's powers of inquiry
39 Registrar's powers of inquiry ......................................................... 25
Division 3 Correction of Register
40 Correction of Register .................................................................... 26
Division 4 Access to, and certification of, Register
entries
41 Access to Register......................................................................... 26
42 Search of Register ......................................................................... 27
43 Protection of privacy ...................................................................... 28
44 Issue of certificate.......................................................................... 28
45 Access policies .............................................................................. 29
46 Fees .............................................................................................. 29
47 Power to remit fees........................................................................ 29
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Births, Deaths and Marriages Registration Act 1996 iv
Part 8 General power of review
48 Review ........................................................................................... 29
Part 9 Miscellaneous matters
49 Misleading information ................................................................... 30
50 Unauthorised access to Register ................................................... 31
51 Falsification of certificate ............................................................... 31
52 Immunity from liability .................................................................... 32
53 Adoption of Children Act 1994 not affected ................................... 33
54 Regulations.................................................................................... 33
55 Repeal ........................................................................................... 33
Part 10 Transitional matters
Division 1 Births, Deaths and Marriages Registration Act
56 Savings and transitional ................................................................ 33
Division 2 Northern Territory Civil and Administrative
Tribunal (Conferral of Jurisdiction
Amendments) Act 2014
57 Definitions ...................................................................................... 33
58 Review of Registrar's decision made before commencement ....... 34
59 Review of Registrar's decision made after commencement .......... 34
Schedule Ordinances and Acts repealed
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 20 December 2022
____________________
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996
An Act for the registration of births, deaths and marriages and related
matters
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Births, Deaths and Marriages
Registration Act 1996.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Objects of Act
The objects of this Act are to provide for:
(a) the registration of births, deaths and marriages in the Northern
Territory of Australia; and
(b) the registration of changes of name and sex or gender; and
(c) the keeping of registers for recording and preserving
information about births, deaths, marriages and changes of
name in perpetuity; and
(d) access to the information in the registers in appropriate cases
by government or private agencies and members of the public,
from within and outside the Territory; and
(e) the issue of certified information from the registers; and
(f) the collection and dissemination of statistical information.
-- 5 of 43 --
Part 1 Preliminary matters
Births, Deaths and Marriages Registration Act 1996 2
4 Definitions
In this Act:
adult means a person who is 18 or above or, although under 18, is
or has been married.
authorised celebrant means an authorised celebrant under the
Marriage Act 1961 (Cth).
birth includes still-birth.
change of name includes an addition, omission or substitution.
child includes a still-born child.
corresponding law means a law of a State that provides for the
registration of births, deaths and marriages.
Court means the Supreme Court.
death does not include a still-birth.
Deputy Registrar means a Deputy Registrar of Births, Deaths and
Marriages appointed under section 7.
disposal of human remains means any of the following:
(a) cremation of the remains;
(b) burial of the remains (including burial at sea);
(c) placing the remains in a mausoleum or other permanent
resting place;
(d) placing the remains in the custody of an educational or
scientific institution for the purpose of medical education or
research;
(e) removal of the remains from the Territory (but not if the
remains have been cremated or are taken from the Territory
by sea and buried at sea in the course of the voyage);
(f) any other process for the disposal of human remains under
the Burial and Cremation Act 2022.
doctor means a medical practitioner.
funeral director means a person who carries on the business of
arranging for the disposal of human remains.
-- 6 of 43 --
Part 1 Preliminary matters
Births, Deaths and Marriages Registration Act 1996 3
prohibited name means a name that:
(a) is obscene or offensive; or
(b) could not practicably be established by repute or usage:
(i) because it is too long; or
(ii) because it consists of or includes symbols without
phonetic significance; or
(iii) for some other reason; or
(c) includes or resembles an official title or rank; or
(d) is contrary to the public interest for some other reason.
registrable event means:
(a) a birth, death or marriage; or
(b) a change of parentage under the Surrogacy Act 2022; or
(c) a change of name, sex or gender.
registrable information means information that may be included in
the Register.
Register means the Register maintained under section 38.
registering authority means an authority responsible under a
corresponding law for the registration of births, deaths and
marriages.
Registrar means the Registrar of Births, Deaths and Marriages
appointed under section 5.
State includes a Territory.
still-birth means the birth of a still-born child.
still-born child means a child of at least 20 weeks' gestation or
with a body mass of at least 400 grams at birth that exhibits no sign
of respiration or heartbeat, or other sign of life, after birth.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
-- 7 of 43 --
Part 2 Administration
Division 1 Registrar
Births, Deaths and Marriages Registration Act 1996 4
4A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4A
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Administration
Division 1 Registrar
5 Registrar
(1) The Minister must appoint a person to be the Registrar of Births,
Deaths and Marriages.
(2) The Registrar is responsible, subject to the Minister's control and
direction, for the administration of this Act.
6 Registrar's general functions
The Registrar's general functions are to:
(a) establish and maintain the registers necessary this Act; and
(b) administer the registration system established by this Act and
ensure that it operates efficiently, effectively and economically;
and
(c) ensure that this Act is administered in the way best calculated
to achieve its objects.
7 Deputy Registrars
(1) The Minister may appoint such persons as he or she thinks fit to be
Deputy Registrars of Births, Deaths and Marriages.
(2) A Deputy Registrar has the powers and functions of the Registrar
but is subject to direction by the Registrar.
8 Delegation
The Registrar may, in writing, delegate to a person, including the
person from time to time holding, acting in or performing the duties
of an office, designation or position, any of his or her powers and
functions under this Act, other than this power of delegation.
-- 8 of 43 --
Part 2 Administration
Division 3 Reciprocal administrative arrangements
Births, Deaths and Marriages Registration Act 1996 5
Division 2 Execution of documents
9 Registrar's seal
The Registrar has a seal.
10 Execution of documents
(1) The Registrar or a Deputy Registrar may issue a certificate or other
document under his or her signature and the seal, or a facsimile of
his or her signature and the seal produced by stamp, machine
imprint or some other method authorised by the Regulations.
(2) If a document produced before a court or an administrative
authority or official is apparently under:
(a) the signature of the Registrar or a Deputy Registrar and the
seal; or
(b) a facsimile of the signature of the Registrar or a Deputy
Registrar and the seal produced by stamp, machine imprint, or
some other method authorised by the Regulations;
the court, authority or official must presume, in the absence of
evidence to the contrary, that the document was properly issued
under the authority of the Registrar or the Deputy Registrar.
Division 3 Reciprocal administrative arrangements
11 Reciprocal administrative arrangements
(1) Subject to subsection (4), the Minister may enter into an
arrangement with the Minister responsible for the administration of
a corresponding law providing for:
(a) the exercise by the Registrar of powers and functions of the
registering authority under the corresponding law; and
(b) the exercise by the registering authority under the
corresponding law of powers and functions of the Registrar
under this Act.
(2) When an arrangement is in force under this section:
(a) the Registrar may exercise, to the extent authorised by the
arrangement (but subject to the conditions of the
arrangement), the powers and functions of the registering
authority under the corresponding law; and
-- 9 of 43 --
Part 3 Registration of births
Division 1 Notification of births
Births, Deaths and Marriages Registration Act 1996 6
(b) the registering authority under the corresponding law may
exercise, to the extent authorised by the arrangement (but
subject to the conditions of the arrangement), the powers and
functions of the Registrar under this Act.
(3) An arrangement under this section may:
(a) establish a data base in which information is recorded for the
benefit of all the participants in the arrangement; and
(b) provide for access to information contained in the data base;
and
(c) provide for payments by or to participants in the arrangement
for services provided under the arrangement.
(4) The Minister must not enter into an arrangement under this section
unless he or she is satisfied that the security arrangements and the
access policies in place under the corresponding law are at least
equal to those in place in the Territory.
Part 3 Registration of births
Division 1 Notification of births
12 Notification of births
(1) When a child is born in the Territory, the responsible person must
give notice of the birth to the Registrar including the particulars
required by the Regulations.
(2) Notice under subsection (1) must be given within 10 days after the
birth.
(3) When notice of a still-birth is given, the responsible person must
also give the Registrar a doctor's certificate, in a form approved by
the Registrar, certifying the cause of foetal death.
(4) The certificate must be completed by the doctor responsible for the
professional care of the mother at the birth or a doctor who
examined the body of the still-born child after the birth.
(5) Where a child is born in a custodial correctional facility a notice
under subsection (1) must not refer to the place of birth as the
custodial correctional facility, other than by referring to the name of
the city or town in which the custodial correctional facility is located
or the city or town nearest to the custodial correctional facility.
-- 10 of 43 --
Part 3 Registration of births
Division 2 Registration of births
Births, Deaths and Marriages Registration Act 1996 7
(5A) A responsible person commits an offence if the responsible person
fails to comply with subsection (1) or (3).
Maximum penalty: 8 penalty units
(5B) An offence against subsection (5A) is an offence of strict liability.
(5C) It is a defence to a prosecution for an offence against
subsection (5A) constituted by a failure to comply with
subsection (3) if the defendant has a reasonable excuse.
(6) In this section:
custodial correctional facility, see section 11(1)(a) of the
Correctional Services Act 2014.
responsible person means:
(a) for a child born in a hospital or brought to a hospital within
24 hours after birth – the chief executive officer of the hospital;
or
(b) for a child born in a mental institution – the chief executive
officer of the mental institution; or
(ba) for a child born in a custodial correctional facility – the
Commissioner of Correctional Services; or
(c) for any other child – the doctor, midwife or health worker
responsible for the professional care of the mother at the birth.
Division 2 Registration of births
13 When registration of birth is required or authorised
(1) If a child is born in the Territory, the birth must be registered under
this Act.
(2) Subject to subsection (3), if a child is born outside the
Commonwealth, but the child is to become a resident of the
Territory, the birth may be registered under this Act.
(3) The birth of a child born outside the Commonwealth cannot be
registered under this Act if the birth is registered under a
corresponding law.
-- 11 of 43 --
Part 3 Registration of births
Division 2 Registration of births
Births, Deaths and Marriages Registration Act 1996 8
14 How to have birth of child registered
A person has the birth of a child registered under this Act by lodging
a statement (birth registration statement) in a form approved by
the Registrar containing the information required by the
Regulations.
15 Responsibility to have birth registered
(1) The parents of a child are jointly responsible for having the child's
birth registered under this Act (and must both sign the birth
registration statement) but the Registrar may accept a birth
registration statement from one of the parents if satisfied that it is
impossible, impractical or inappropriate for the other parent to join,
or be required to join in, the application whether because of the
parent's death, disappearance, ill health or unavailability or the
need to avoid unwarranted distress or for some other reason.
(2) If a child is a foundling, the person who has custody of the child is
responsible for having the child's birth registered.
(3) The Registrar may accept a birth registration statement from a
person who is not responsible for having the child's birth registered
if satisfied that:
(a) the person lodging the statement has knowledge of the
relevant facts; and
(b) the child's parents are unable or unlikely to lodge a birth
registration statement.
16 Obligation to have birth registered
(1) A person responsible for having the birth of a child registered must
lodge a birth registration statement with the Registrar within
60 days after the date of the birth.
Maximum penalty: 8 penalty units.
(1A) An offence against subsection (1) is an offence of strict liability.
(2) The Registrar must accept a birth registration statement even
though it is lodged after the end of the 60 day period referred to in
subsection (1).
17 Registration
(1) The Registrar registers a birth by making an entry about the birth in
the Register including as the particulars for the birth the information
that is required to be in a birth registration statement.
-- 12 of 43 --
Part 3 Registration of births
Division 4 Alteration of details of birth registration
Births, Deaths and Marriages Registration Act 1996 9
(2) If the particulars available to the Registrar are incomplete the
Registrar may register a birth on the basis of incomplete particulars.
Division 3 Court order for registration of birth
18 Jurisdiction of Court to order registration of birth
The Court may, on application by an interested person or on its own
initiative, order:
(a) the registration of a birth; or
(b) the inclusion of registrable information about a birth or a
child's parents in the Register.
Division 4 Alteration of details of birth registration
19 Addition of details of parentage after registration of birth
(1) The Registrar may include registrable information about a child's
parents in the Register after registration of the child's birth if:
(a) the parents of the child make a joint application for the
addition of the information; or
(b) one parent of the child makes an application for the addition of
the information and the other parent cannot join in the
application because he or she is dead or cannot be found, or
for some other reason; or
(c) a court:
(i) orders the inclusion of the information in the Register; or
(ii) makes a finding that a particular person is a parent of
the child.
(2) An application to the Registrar for the addition of registrable
information in the Register must:
(a) be made in writing; and
(b) include the information required by the Registrar; and
(c) if the Registrar requires verification of the information
contained in the application, be accompanied by a statutory
declaration verifying the information contained in the
application and any other evidence the Registrar may require.
-- 13 of 43 --
Part 3 Registration of births
Division 5 Child's name
Births, Deaths and Marriages Registration Act 1996 10
(3) The Court may, on application by an interested person, order the
addition of specified details of a child's parentage, or details of the
marriage of a child's parents, in the Register.
Division 5 Child's name
20 Name of child
(1) Subject to this section, the birth registration statement must state
the name of the child.
(2) The name of a child is a matter of choice for the person or persons
lodging the registration statement, but the Registrar may assign a
name to the child if:
(a) the name stated in the birth registration statement is a
prohibited name; or
(b) the birth registration statement is lodged by both parents of
the child and they satisfy the Registrar that they are unable to
agree on the child's name.
(3) For this section, the Registrar must:
(a) issue a written policy setting out the principles to be followed
in the naming of a child by the Registrar; and
(b) only exercise his or her powers for the identification of the
child; and
(c) advise the parents of a child named by the Registrar that the
decision of the Registrar may be reviewed by the Civil and
Administrative Tribunal.
(4) A birth registration statement relating to a still-born child need not
state the name of the child and, where it does not, the Registrar
must not assign a name under subsection (2).
21 Dispute about child's name
(1) If there is a dispute between parents about a child's name, either
parent may apply to the Court for a resolution of the dispute.
(2) On an application under subsection (1), the Court may:
(a) resolve the dispute about the child's name as the Court
considers appropriate; and
(b) order the Registrar to register the child's name in a form
specified in the order.
-- 14 of 43 --
Part 4 Change of name
Births, Deaths and Marriages Registration Act 1996 11
Part 4 Change of name
22 Change of name by registration
A person's name may be changed by registration of the change
under this Part.
23 Application to register change of adult's name
Subject to this section, an adult person may apply to the Registrar,
in a form approved by the Registrar, for registration of a change of
the person's name if:
(a) the person:
(i) was born outside Australia; and
(ii) immediately before the time of the application, was
domiciled or ordinarily resident in the Territory for a
period of at least 12 consecutive months; or
(b) the person's birth is registered in the Territory.
24 Application to register change of child's name
(1) The parents of a child may apply to the Registrar, in a form
approved by the Registrar, for registration of a change of the child's
name if:
(a) the child:
(i) was born outside Australia; and
(ii) immediately before the time of the application, was
domiciled or ordinarily resident in the Territory for a
period of at least 12 consecutive months; or
(b) the child's birth is registered in the Territory.
(2) An application for registration of a change of a child's name may be
made by one parent if:
(a) the applicant is the sole parent named in the registration of the
child's birth under this Act or any other law; or
(b) there is no other surviving parent of the child; or
(c) the Court approves the proposed change of name.
-- 15 of 43 --
Part 4 Change of name
Births, Deaths and Marriages Registration Act 1996 12
(3) The Registrar must not register the change of a child's name if the
Registrar has actual knowledge that some other person has full or
partial guardianship or full or partial custody of the child and that
other person objects to the registration of the change of name.
(4) The Court may, on application by a child's parent, approve a
proposed change of name for the child if satisfied that the change is
in the child's best interests.
(5) If the parents of a child are dead, cannot be found, or for some
other reason cannot exercise their parental responsibilities to a
child, the child's guardian may apply for registration of a change of
the child's name.
25 Child's consent to change of name
(1) Subject to subsection (2), the Registrar must not register a change
of name of a child after the time when the child is aware of the
meaning and implication of his or her name.
(2) Subsection (1) does not apply where a child, being aware of the
meaning and implication of his or her name, consents to the change
of name.
(3) For this section, in the absence of evidence to the contrary, a child
who has attained the age of 14 years is taken to be aware of the
meaning and implication of his or her name.
25A Convictions of person to be included in application
(1) An application for registration of a change of name must include
details of any conviction of the person whose name is to be
changed.
(2) Nothing in this section requires a person to disclose a spent record
as defined in section 3 of the Criminal Records (Spent Convictions)
Act 1992.
(3) In this section:
conviction means, for an individual:
(a) a conviction or finding of guilt for a relevant offence that is
imposed by any court of the Territory, the Commonwealth,
another State or a country other than Australia; or
(b) a qualified finding of guilt for a relevant offence under
section 43X(3) of the Criminal Code or a finding under a
provision that corresponds to that section under the law of
another State.
-- 16 of 43 --
Part 4 Change of name
Births, Deaths and Marriages Registration Act 1996 13
relevant offence means an offence against a law of the Territory,
the Commonwealth, another State or a country other than Australia
for which a term of imprisonment of 12 months or more may be
imposed.
26 Registration of change of name
(1) Before registering a change of name under this Part, the Registrar
may require the applicant to provide evidence to establish to the
Registrar's satisfaction:
(a) the identity and age of the person whose name is to be
changed; and
(b) that the change of name is not sought for a fraudulent or other
improper purpose; and
(c) if the person whose name is to be changed is a child – that the
child consents to the change of name or is unable to
understand the meaning and implications of the change of
name.
(2) If the Registrar is satisfied that the name of a person whose birth is
registered in the Territory has been changed under another law or
by order of a court the change of name may be registered under
this Act.
(3) The Registrar may refuse to register a change of name if, as a
result of the change, the name would become a prohibited name.
(4) The Registrar may refuse to register a change of name if the
applicant has a conviction, as defined in section 25A(3), for an
offence related to fraud or any other deception regarding the
identity of the applicant.
(5) The Registrar may refuse to register a change of name if, following
a request to provide evidence under subsection (1), the applicant
fails to provide evidence to establish to the Registrar's satisfaction a
matter specified in that subsection.
26A Limitation on number of changes of name
The Registrar must not accept an application for registration of a
change of a person's name under this Part if:
(a) a change of the person's name was registered, whether in the
Territory or in another State, in the 12 month period
immediately before the time the application is made; or
-- 17 of 43 --
Part 4 Change of name
Births, Deaths and Marriages Registration Act 1996 14
(b) 3 changes of the person's name were registered, whether in
the Territory or in another State or both, in the period
commencing on the day this section comes into operation.
26B Exceptions to certain requirements and limitation
(1) Despite a requirement or limitation specified in subsection (2), the
Registrar may register a change of a person's name if the Registrar
is satisfied that:
(a) registering the change of name is required to protect any of
the following from domestic violence as defined in section 5 of
the Domestic and Family Violence Act 2007:
(i) the person whose name is to be changed;
(ii) any current or future children of the person whose name
is to be changed; or
(b) the change of name is because of the marriage or divorce of
the person whose name is to be changed; or
(c) the change of name is ordered by a court of the Territory, the
Commonwealth or another State; or
(d) the change of name is ordered by the Civil and Administrative
Tribunal or a tribunal of another State that corresponds to the
Civil and Administrative Tribunal.
(2) For subsection (1) the following are specified:
(a) a requirement under section 23(a) or 24(1)(a) that the person
was born outside Australia and immediately before the time of
the application, was domiciled or ordinarily resident in the
Territory for a period of at least 12 consecutive months;
(b) a requirement under section 23(b) or 24(1)(b) that the
person's birth is registered in the Territory;
(c) a limitation under section 26A(a) or (b) to the number of
changes of a person's name.
27 Entries to be made in Register
(1) The Registrar registers a change of name by making an entry about
the change of name in the Register including the particulars
required by the Regulations.
-- 18 of 43 --
Part 4 Change of name
Births, Deaths and Marriages Registration Act 1996 15
(2) If the applicant for registration of the change of name asks the
Registrar to arrange for noting the change of name in the
particulars of the person's birth, and the person's birth is registered
under this Act or a corresponding law, the Registrar must:
(a) if the birth is registered under this Act – note the change of
name in the entry relating to the birth; or
(b) if the birth is registered under a corresponding law – notify the
relevant registering authority of the change of name.
(3) If the change of name is noted in the Register under subsection (2),
a birth certificate issued by the Registrar for the person must show
the person's name as changed under this Part.
27A Change of name of serious sex offender
(1) This section applies if:
(a) a person makes an application under this Part to register a
change of name; and
(b) the application is made in contravention of section 108(1) of
the Serious Sex Offenders Act 2013.
(2) The Commissioner of Correctional Services may direct the
Registrar:
(a) to refuse to register the change of name; or
(b) if the change of name has been registered – to register a
further change of name to reverse the change.
(3) The Registrar must comply with a direction under subsection (2).
28 Change of name may still be established by repute or usage
This Part does not prevent a change of name by repute or usage
but, except as provided by this Part, the Registrar or the Registrar-
General must not register a change of name or accept for safe
keeping or recording any document relating to a change of name.
-- 19 of 43 --
Part 4A Registration of change of sex or gender
Births, Deaths and Marriages Registration Act 1996 16
Part 4A Registration of change of sex or gender
28A Definitions
In this Part:
intersex person means a person who is born with physical or
biological sex characteristics that do not fit typical classifications of
male or female bodies.
psychologist means a person registered under the Health
Practitioner Regulation National Law to practise in the psychology
profession (other than as a student).
recognition certificate means a certificate issued under any law
certifying that a person has a sex or gender that is different to the
sex or gender specified for that person in the Register.
28B Application to register change of sex or gender
(1) An adult may apply to the Registrar, in a form approved by the
Registrar, to register a change of the adult's sex or gender if:
(a) the adult's birth is entered in the Register; and
(b) the adult believes the adult's sex or gender to be the sex or
gender specified in the application; and
(c) the adult:
(i) has received appropriate clinical treatment in relation to
the adult's sex or gender; or
(ii) is an intersex person.
(2) The parents of a child may apply to the Registrar, in a form
approved by the Registrar, to register a change of the child's sex or
gender if:
(a) the child's birth is entered in the Register; and
(b) the applicants believe on reasonable grounds that alteration of
the record of the child's sex or gender to the sex or gender
specified in the application is in the best interest of the child;
and
(c) the child:
(i) has received appropriate clinical treatment in relation to
the child's sex or gender; or
-- 20 of 43 --
Part 4A Registration of change of sex or gender
Births, Deaths and Marriages Registration Act 1996 17
(ii) is an intersex person.
(3) An application for registration of a change of a child's sex or gender
may be made by one parent if:
(a) the applicant is the sole parent named in the registration of the
child's birth; or
(b) the applicant is the only surviving parent of the child.
(4) If the parents of a child are dead, cannot be found, or for some
other reason cannot exercise their parental responsibilities to a
child, the child's guardian may apply for registration of a change of
the child's sex or gender.
(5) The sex or gender specified in an application under this section
must be of a kind recognised in the Regulations.
28C Information that must accompany application
(1) An application under section 28B(1) must be accompanied by the
following:
(a) a statement by a medical practitioner or a psychologist
certifying that the adult:
(i) has received appropriate clinical treatment in relation to
the adult's sex or gender; or
(ii) is an intersex person;
(b) any other documents or information prescribed for this
subsection.
(2) An application under section 28B(2) must be accompanied by the
following:
(a) if section 28CA applies – a statement from the child
consenting to the change;
(b) a statement by a medical practitioner or a psychologist
certifying that the child:
(i) has received appropriate clinical treatment in relation to
the child's sex or gender; or
(ii) is an intersex person;
(c) any other documents or information prescribed for this
subsection.
-- 21 of 43 --
Part 4A Registration of change of sex or gender
Births, Deaths and Marriages Registration Act 1996 18
28CA Child's consent to change of sex or gender
(1) The Registrar must not register a change of sex or gender of a child
after the time when the child is aware of the meaning and
implication of the child's sex or gender unless the child consents to
the change.
(2) For this section, in the absence of evidence to the contrary, a child
who has attained the age of 14 years is taken to be aware of the
meaning and implication of the child's sex or gender.
28D Registration of change of sex or gender
On receipt of an application under section 28B, the Registrar must:
(a) make the requested change to the Register; or
(b) refuse to make the requested change.
28E Issuing of birth certificate after noting change
(1) If the change of a person's sex or gender is registered under this
Part, a birth certificate issued by the Registrar for the person is,
unless otherwise requested by the person, to show the person's sex
or gender in accordance with the registered change.
(2) A birth certificate mentioned in subsection (1) must not include a
statement that the person has changed sex or gender.
28F Issuing of old birth certificate
The child of a person in respect of whom a change of the person's
sex or gender is registered under this Part, or a person prescribed
for this section, may apply to the Registrar, in a form approved by
the Registrar, for a birth certificate of the person that shows the
person's sex or gender before the person's change of sex or
gender, and the Registrar must issue the birth certificate to the child
or person.
28G Use of old birth certificate
A person commits an offence if:
(a) the person intentionally produces a birth certificate of a person
to another person (the second person); and
(b) the birth certificate shows the sex or gender of a person
before a change of that person's sex or gender was registered
under section 28D and the person has knowledge of that
circumstance; and
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Part 4A Registration of change of sex or gender
Births, Deaths and Marriages Registration Act 1996 19
(c) the conduct mentioned in paragraph (a) is likely to result in the
second person being deceived by the person in relation to a
person's sex or gender and the person has knowledge of that
circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
28H Effect of registration of person's change of sex or gender
Where a person's change of sex or gender is registered under this
Part, the person is, for the purposes of (but subject to) any law in
force in the Territory, a person of the sex or gender as so changed.
28J Recognition certificate
A person in respect of whom there is a recognition certificate is, for
the purposes of (but subject to) any law in force in the Territory, a
person of the sex or gender stated in the recognition certificate.
Part 4B Registration of parentage order
28K Definition
In this Part:
parentage order means:
(a) a parentage order made under section 34 of the Surrogacy
Act 2022; or
(b) any order respecting the parentage of a child, whose birth is
registered under the Act, made under a law in a State or
another Territory that corresponds to the Surrogacy Act 2022.
28L Registration of parentage order
The Registrar must register:
(a) any parentage order; or
(b) any order, received under section 46 of the Surrogacy
Act 2022, revoking a parentage order.
28M Registration of birth
(1) If the Registrar receives a parentage order for a child born in the
Territory but whose birth is not registered in the Register, the
Registrar must, before registering the parentage order:
(a) register the birth of the child in the Register; and
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Part 4A Registration of change of sex or gender
Births, Deaths and Marriages Registration Act 1996 20
(b) include in the entry under paragraph (a) a notation stating the
birth of the child is registered under this section.
(2) If the Registrar receives a parentage order for a child whose birth is
registered in the Register, the Registrar must:
(a) re-register the birth of the child in the Register; and
(b) include in the entry under paragraph (a) a notation stating the
entry is made under this section; and
(c) include in the previous entry made for the child in the Register
a notation stating:
(i) the previous entry is no longer current; and
(ii) the birth of the child is re-registered under this section.
(3) If the Registrar receives an order revoking a parentage order for a
child whose birth was registered under subsection (1) or
re-registered under subsection (2), the Registrar must:
(a) re-register the birth of the child in the Register; and
(b) include in the entry under paragraph (a) a notation stating the
entry is made under this section; and
(c) include in the previous entry made for the child in the Register
a notation stating:
(i) the previous entry is no longer current; and
(ii) the birth of the child is re-registered under this section.
28N Issuing of birth certificate after parentage order
(1) Any birth certificate issued by the Registrar for a person who is the
subject of a parentage order must replicate the information about
the person in the registered parentage order.
(2) A birth certificate referred to in subsection (1) must not indicate that
the person is the subject of a parentage order.
(3) If the Registrar issues a birth certificate for a person who is the
subject of a parentage order and at least 18 years of age, the
Registrar must attach an addendum to the birth certificate stating
that further information is available about the entry.
-- 24 of 43 --
Part 5 Registration of marriages
Births, Deaths and Marriages Registration Act 1996 21
28P Request for original birth certificate
(1) A person who was the subject of a parentage order registered
under this Part may apply to the Registrar, in a form approved by
the Registrar, for the following:
(a) the person's original birth certificate;
(b) any information provided by the Local Court under
section 46(2) of the Surrogacy Act 2022 relating to the
parentage order.
(2) A person who is under 18 years of age may only apply under
subsection (1) with the written consent of the person with parental
responsibility for the person.
(3) On application, the Registrar must provide the documents or
information under subsection (1).
Part 5 Registration of marriages
29 When registration of marriage is required
If a marriage is solemnised in the Territory, the marriage must be
registered under this Act.
30 How to have marriage registered
A person may have a marriage registered by lodging with the
Registrar a certificate of the marriage under the Marriage Act 1961
(Cth) or, if the marriage was solemnised before the commencement
of that Act, the evidence of the marriage required by the Registrar.
31 Registration of marriage
A marriage may be registered by:
(a) including the marriage certificate as part of the Register; or
(b) including particulars of the marriage in the Register.
-- 25 of 43 --
Part 6 Registration of deaths
Division 2 Notification of deaths
Births, Deaths and Marriages Registration Act 1996 22
Part 6 Registration of deaths
Division 1 When registration of death is required or
authorised
32 Deaths to be registered under this Act
(1) If a person dies in the Territory, the death must be registered under
this Act.
(2) If a court directs the registration of a death, the death must be
registered under this Act.
(3) If a person dies:
(a) in an aircraft during a flight to an airport in the Territory; or
(b) on a ship during a voyage to a port in the Territory;
the death may be registered under this Act.
(4) If a person who is domiciled or ordinarily resident in the Territory
dies outside the Commonwealth, or a person dies outside the
Commonwealth leaving property in the Territory, the death may be
registered under this Act.
(5) The Registrar is not obliged to register a death under subsection (3)
or (4) if the death is registered under a corresponding law.
(6) If a child is still-born, the child's death is not to be registered under
this Part.
33 Power to direct registration of death
(1) If a court finds that a person whose death is not registered under
this Act died in the Territory, the court may direct registration of the
death.
(2) The power to direct registration of death extends to courts of the
States and the Commonwealth.
Division 2 Notification of deaths
34 Notification of deaths by doctors
(1) A doctor who was responsible for a person's medical care
immediately before death, or who examines the body of a deceased
person after death, must, within 48 hours after the death, give
notice, in a form approved by the Registrar, of the death to the
-- 26 of 43 --
Part 6 Registration of deaths
Division 2 Notification of deaths
Births, Deaths and Marriages Registration Act 1996 23
Registrar, including the particulars required by the Regulations.
Maximum penalty: 8 penalty units.
(1A) An offence against subsection (1) is an offence of strict liability.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant believed on reasonable grounds
that:
(a) another doctor had given the required notice of the death of
the person; or
(b) a coroner had been notified of the death under the Coroners
Act 1993.
(3) If a coroner is notified of a death under the Coroners Act 1993, the
coroner must give a copy of the notification to the Registrar as soon
as practicable after receiving it.
(4) If a child is still-born, the child's death is not to be notified under this
section.
35 Notification of cause of death by coroner
(1) If a coroner authorises the disposal of human remains, or makes a
finding about the cause of a death, the coroner must give a copy of
the disposal authorisation or the finding to the Registrar.
(2) The Registrar may register a death even though the death is
subject to coronial inquiry and a finding has not been made about
the cause of death.
(3) A death certificate issued before a coronial inquiry into the cause of
death is completed must be endorsed with the words: "Incomplete
registration – Cause of death subject to coronial inquiry".
36 Notification by funeral director
(1) A funeral director or other person who arranges for the disposal of
human remains or, where in the locality where human remains are
there is no funeral director or person who arranges for the disposal
of human remains, a health worker in the locality, must, within
7 days after disposal of the remains, provide to the Registrar, in a
form approved by the Registrar:
(a) the name and last residential address of the deceased; and
(b) if the death was reported to a coroner – a statement of that
fact; and
-- 27 of 43 --
Part 6 Registration of deaths
Division 3 Registration of death
Births, Deaths and Marriages Registration Act 1996 24
(c) the place and manner of disposal; and
(d) the information required by the Regulations.
Maximum penalty: 8 penalty units.
(2) If human remains (other than cremated remains) are removed from
the Territory, the funeral director or other person who arranges for
the removal of the remains from the Territory must, within 28 days
after the remains are disposed of outside the Territory, provide to
the Registrar, in a form approved by the Registrar, details of where
and how the remains were disposed of, and the other information
required by the Regulations.
Maximum penalty: 8 penalty units.
(3) If human remains have not been disposed of within 30 days after
the date of death, the funeral director or other person who has
custody of the remains must provide to the Registrar, in a form
approved by the Registrar:
(a) the name and last residential address of the deceased; and
(b) if the death was reported to a coroner – a statement of that
fact; and
(c) the information required by the Regulations.
Maximum penalty: 8 penalty units.
(4) An offence against subsection (1), (2) or (3) is an offence of strict
liability.
Division 3 Registration of death
37 Registration
(1) The Registrar registers a death by making an entry about the death
in the Register including as the particulars for the death the
information that is required to be in a notification of death provided
under Division 2.
(2) If the particulars available to the Registrar are incomplete the
Registrar may register a death on the basis of incomplete
particulars.
-- 28 of 43 --
Part 7 Register
Division 2 Registrar's powers of inquiry
Births, Deaths and Marriages Registration Act 1996 25
Part 7 Register
Division 1 Keeping of Register
38 Register
(1) The Registrar must maintain a register or registers of registrable
events.
(2) The Register:
(a) must contain the particulars of each registrable event required
under this Act, or another law, to be included in the Register;
and
(b) may contain further information if its inclusion is authorised
under the Regulations.
(3) The Register may be wholly or partly in the form of a computer data
base, in documentary form, or in another form the Registrar
considers appropriate.
(4) The Registrar must maintain the Register so that the information
contained in it may be searched by reference to a name or some
other identifying information.
Division 2 Registrar's powers of inquiry
39 Registrar's powers of inquiry
(1) The Registrar may conduct an inquiry to find out:
(a) whether a registrable event has happened; or
(b) particulars of a registrable event; or
(c) whether particulars of a particular registrable event have been
correctly recorded in the Register.
(2) The Registrar may, by notice given to a person who may be able to
provide information relevant to an inquiry under this section, require
the person to answer specified questions or to provide other
information within a time and in a way specified in the notice.
(3) A person commits an offence if the person fails to comply with a
notice under subsection (2).
Maximum penalty: 8 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
-- 29 of 43 --
Part 7 Register
Division 4 Access to, and certification of, Register entries
Births, Deaths and Marriages Registration Act 1996 26
(5) It is a defence to a prosecution for an offence against
subsection (3) if the defendant has a reasonable excuse.
Division 3 Correction of Register
40 Correction of Register
(1) The Registrar may correct the Register:
(a) to reflect a finding made on inquiry under Division 2; or
(b) to bring an entry about a particular registrable event into
conformity with the most reliable information available to the
Registrar of the registrable event.
(2) The Registrar must, if required by a court, correct the Register.
(3) The Registrar corrects the Register by adding or cancelling an entry
in the Register or by adding, altering or deleting particulars
contained in an entry.
Division 4 Access to, and certification of, Register entries
41 Access to Register
(1) The Registrar may, on conditions the Registrar considers
appropriate:
(a) allow a person or organisation that has an adequate reason
for wanting access to the Register, access to the Register; or
(b) provide a person or organisation that has an adequate reason
for wanting information from the Register, with information
extracted from the Register.
(2) In deciding whether an applicant has an adequate reason for
wanting access to the Register, or information extracted from the
Register, the Registrar must have regard to:
(a) the nature of the applicant's interest; and
(b) the sensitivity of the information; and
(c) the use to be made of the information; and
(d) other relevant factors.
-- 30 of 43 --
Part 7 Register
Division 4 Access to, and certification of, Register entries
Births, Deaths and Marriages Registration Act 1996 27
(3) In deciding the conditions on which access to the Register, or
information extracted from the Register, is to be given under this
section, the Registrar must, as far as practicable, protect the
persons to whom the entries in the Register relate from unjustified
intrusion on their privacy.
42 Search of Register
(1) The Registrar may, on application, search the Register for an entry
about a particular registrable event.
(2) The applicant must state the reason for the applicant's interest in
the subject-matter of the search.
(3) The Registrar may reject the application if the applicant does not
show an adequate reason for wanting the information to which the
application relates.
(4) In deciding whether an applicant has an adequate reason for
wanting information, the Registrar must have regard to:
(a) the relationship (if any) between the applicant and the person
to whom the information relates; and
(b) the age of the entry; and
(c) the contents of the entry; and
(d) other relevant factors.
(5) Subject to a direction of the Minister under section 5, nothing in this
Act prevents the Registrar from providing a person, subject to such
conditions as the Registrar thinks fit, with information contained in
the Register for a purpose relating to:
(a) the keeping of statistics; or
(b) medical or epidemiological research; or
(c) the identification of persons; or
(d) the prevention of fraud.
(6) For subsection (3), but subject to subsection (7), a person has an
adequate reason for a search to be made of the Register if the
person, in respect of whom information is sought to be obtained as
a consequence of the search, is:
(a) the adopted child; or
(b) the natural parent or grandparent; or
-- 31 of 43 --
Part 7 Register
Division 4 Access to, and certification of, Register entries
Births, Deaths and Marriages Registration Act 1996 28
(c) the adoptive parent;
of the person requiring the search.
(7) Subsection (6) does not apply where:
(a) a notice of prohibition has been lodged under section 65(2) of
the Adoption of Children Act 1994; or
(b) a notice, similar to a notice of prohibition mentioned in
paragraph (a), has been lodged under a law of a State or
another Territory of the Commonwealth;
prohibiting the provision of information that would identify the
person in respect of whom information is sought under
subsection (6).
43 Protection of privacy
In providing information extracted from the Register, the Registrar
must, as far as practicable, protect the persons to whom the entries
in the Register relate from unjustified intrusion on their privacy.
44 Issue of certificate
(1) On completing a search of the Register, the Registrar may issue a
certificate:
(a) certifying particulars contained in an entry; or
(b) certifying that no entry was located in the Register about the
relevant registrable event.
(2) A certificate under subsection (1)(a) is admissible in legal
proceedings as evidence of:
(a) the entry to which the certificate relates; and
(b) the facts recorded in the entry.
(3) If the word "illegitimate" or a word or expression referring to the fact
that a child was born outside marriage appears on an entry in the
Register, that word or expression is not to be included in a
certificate issued by the Registrar.
(4) If, in the opinion of the Registrar, a word or expression appearing
on an entry in the Register is offensive, the Registrar may, as he or
she thinks fit, issue a certificate under subsection (1)(a) without
including the word or expression.
-- 32 of 43 --
Part 8 General power of review
Births, Deaths and Marriages Registration Act 1996 29
(5) The Registrar may, subject to and in accordance with the
Regulations, issue to a person intending to be married in a country
outside Australia a certificate that the Registrar is not aware of any
impediments to the solemnisation of the marriage.
45 Access policies
(1) The Registrar must maintain a written statement of the policies on
which access to information contained in the Register is to be given
or denied under this Division.
(2) The Registrar must give a copy of the statement, on request, to any
person.
46 Fees
(1) The Regulations may prescribe fees, or a basis for calculating fees,
for:
(a) access to the Register; or
(b) a search of the Register; or
(c) the issue of a certificate following a search of the Register; or
(d) other services provided by the Registrar.
(2) The Regulations may allow for fees to be fixed by negotiation
between the Registrar and the person who asks for the relevant
services.
47 Power to remit fees
The Registrar may, in appropriate cases, remit the whole or part of
a fee under this Act or the whole or part of a fee payable to the
Registrar under any other Act, including an Act of the
Commonwealth, a State or another Territory of the Commonwealth.
Part 8 General power of review
48 Review
A person who is aggrieved by a decision of the Registrar made in
the performance or purported performance of functions under this
Act may apply to the Civil and Administrative Tribunal for a review
of the decision.
-- 33 of 43 --
Part 9 Miscellaneous matters
Births, Deaths and Marriages Registration Act 1996 30
Part 9 Miscellaneous matters
49 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to the another
person; and
(b) the other person is an authorised officer; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the authorised officer is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another
person; and
(b) the other person is an authorised officer; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the defendant, when giving the information or
document:
(a) draws the misleading aspect of the information or document to
the authorised officer's attention; and
(b) to the extent to which the defendant can reasonably do so –
gives the authorised officer the information necessary to
remedy the misleading aspect of the information or document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see
section 43BU of the Criminal Code).
-- 34 of 43 --
Part 9 Miscellaneous matters
Births, Deaths and Marriages Registration Act 1996 31
(5) In this section:
acting in an official capacity, in relation to an authorised officer,
means the officer is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
authorised officer means any of the following:
(a) the Registrar;
(b) a Deputy Registrar;
(c) a delegate of the Registrar;
(d) a public sector employee assisting the Registrar;
(e) an agent of the Registrar.
50 Unauthorised access to Register
A person commits an offence if:
(a) the person intentionally accesses the Register or information
contained in the Register; and
(b) the person does not have the Registrar's authority to access
the Register or information and the person has knowledge of,
or is reckless in relation to, that circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
51 Falsification of certificate
(1) A person commits an offence if:
(a) the person intentionally affixes an impression of the
Registrar's signature or seal to a document; and
(b) the person knows that the impression is an impression of the
Registrar's signature or seal; and
(c) the person does not have the Registrar's authority to engage
in the conduct mentioned in paragraph (a) and the person has
knowledge of that circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
(2) A person commits an offence if:
(a) the person intentionally creates a certificate or other
document; and
-- 35 of 43 --
Part 9 Miscellaneous matters
Births, Deaths and Marriages Registration Act 1996 32
(b) the certificate or other document purports to be issued under
this Act and the person has knowledge of that circumstance;
and
(c) the certificate or other document is not issued under this Act
and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or 2 years imprisonment.
(2A) A person commits an offence if:
(a) the person intentionally amends or varies a certificate or other
document; and
(b) the certificate or other document is issued under this Act and
the person has knowledge of that circumstance; and
(c) the conduct mentioned in paragraph (a) results in the
certificate or other document showing different information to
the information that appeared in the certificate or other
document when it was issued under this Act and the person
has knowledge of that result.
Maximum penalty: 200 penalty units or 2 years imprisonment.
(3) The Registrar may impound:
(a) a document which the Registrar has reason to believe bears
an impression of the Registrar's signature or seal affixed
without the Registrar's authority; or
(b) a certificate or other document purporting to be a certificate or
other document under this Act which the Registrar has reason
to believe has not been issued under this Act; or
(ba) a certificate or other document purporting to be a certificate or
other document under this Act which the Registrar has reason
to believe has been amended or varied after the certificate or
other document was issued under this Act; or
(c) a certificate under this Act about a registrable event if the
entry in the Register about the event has been cancelled or
corrected since the issue of the certificate.
52 Immunity from liability
(1) No liability attaches to the Registrar for an honest act or omission in
the performance or purported performance of functions under this
Act.
-- 36 of 43 --
Part 10 Transitional matters
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) Act 2014
Births, Deaths and Marriages Registration Act 1996 33
(2) A liability that would, but for subsection (1), attach to the Registrar
attaches instead to the Crown.
53 Adoption of Children Act 1994 not affected
This act does not affect the operation of the Adoption of Children
Act 1994.
54 Regulations
(1) The Administrator may make regulations not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may provide for offences, including offences of
strict or absolute liability, against the Regulations and the imposition
of penalties, not exceeding 8 penalty units, for breaches of the
Regulations.
55 Repeal
The Ordinances and Acts specified in the Schedule are repealed.
Part 10 Transitional matters
Division 1 Births, Deaths and Marriages Registration Act
56 Savings and transitional
The registers kept under the Registration of Births, Deaths and
Marriages Act 1962, as in force before the commencement of this
Act, form part of the Register maintained under this Act.
Division 2 Northern Territory Civil and Administrative
Tribunal (Conferral of Jurisdiction Amendments)
Act 2014
57 Definitions
In this Division:
commencement means the day on which Part 2 of the Northern
Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) Act 2014 commences.
-- 37 of 43 --
Part 10 Transitional matters
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) Act 2014
Births, Deaths and Marriages Registration Act 1996 34
58 Review of Registrar's decision made before commencement
Section 48, as in force immediately before the commencement,
continues to apply in relation to a review of a decision of the
Registrar if the decision was made before the commencement.
59 Review of Registrar's decision made after commencement
Section 48, as in force after the commencement, applies in relation
to a review of a decision of the Registrar if:
(a) an application for the decision was made before
commencement; and
(b) the decision was made after the commencement.
-- 38 of 43 --
Schedule Ordinances and Acts repealed
Births, Deaths and Marriages Registration Act 1996 35
Schedule Ordinances and Acts repealed
section 55
Registration of Births, Deaths and Marriages
Ordinance 1962
No. 42, 1963
Registration of Births, Deaths and Marriages
Ordinance 1972
No. 29, 1972
Registration of Births, Deaths and Marriages
Ordinance 1973
No. 34, 1973
Registration of Births, Deaths and Marriages
Ordinance 1976
No. 29, 1976
Registration of Births, Deaths and Marriages
Act 1978
No. 85, 1978
Registration of Births, Deaths and Marriages Act
(No. 2) 1978
No. 104, 1978
Registration of Births, Deaths and Marriages
Act 1979
No. 28, 1979
Registration of Births, Deaths and Marriages
Amendment Act 1986
No. 65, 1986
Registration of Births, Deaths and Marriages
Amendment Act 1987
No. 51, 1987
Registration of Births, Deaths and Marriages
Amendments Act 1994
No. 22, 1994
-- 39 of 43 --
ENDNOTES
Births, Deaths and Marriages Registration Act 1996 36
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Births, Deaths and Marriages Registration Act 1996 (Act No. 26, 1996)
Assent date 28 June 1996
Commenced 1 January 1997 (Gaz G49, 4 December 1996, p 5)
Births, Deaths and Marriages Registration Amendment 1997 (Act No. 12, 1997)
Assent date 11 April 1997
Commenced 1 June 1997 (Gaz S17, 30 May 1997)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,
2010)
Assent date 20 May 2010
Commenced 1 July 2010 (s 2)
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
Statute Law Revision Act 2011 (Act No. 30, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
-- 40 of 43 --
ENDNOTES
Births, Deaths and Marriages Registration Act 1996 37
Serious Sex Offenders Act 2013 (Act No. 9, 2013)
Assent date 3 May 2013
Commenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) Act 2014 (Act No. 34, 2014)
Assent date 13 November 2014
Commenced 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Births, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act
No. 30, 2018)
Assent date 5 December 2018
Commenced 6 December 2018 (s 2)
Surrogacy Act 2022 (Act No. 8, 2022)
Assent date 26 May 2022
Commenced 20 December 2022 (Gaz S66, 20 December 2022)
Births, Deaths and Marriages Registration Amendment Act 2022 (Act No. 9, 2022)
Assent date 26 May 2022
Commenced 31 August 2022 (Gaz G33, 17 August 2022, p 1)
Burial and Cremation Act 2022 (Act No. 16, 2022)
Assent date 9 August 2022
Commenced 28 November 2022 (Gaz S60, 23 November 2022)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 12, 27A, 34, 42 and 53.
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 30, 2011, s 3
s 3 amd No. 12, 1997, s 4; No. 30, 2011, s 3; No. 30, 2018, s 4
s 4 amd No. 12, 1997, s 5; No. 44, 2005, s 22; No. 30, 2011, s 3; No. 30, 2018,
s 7; No. 9, 2022, s 4; No. 16, 2022, s 222; No. 8, 2022, s 63
s 4A ins No. 9, 2022, s 5
ss 5 – 6 amd No. 30, 2011, s 3
s 8 amd No. 30, 2011, s 3
pt 2
div 2 hdg amd No. 30, 2011, s 3
ss 10 – 11 amd No. 30, 2011, s 3
pt 3
div 1 hdg amd No. 30, 2011, s 3
s 12 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 34, 2014, s 57; No. 9, 2022, s 6
s 13 amd No. 30, 2011, s 3
s 15 amd No. 30, 2011, s 3; No. 9, 2022, s 7
s 16 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 8
-- 41 of 43 --
ENDNOTES
Births, Deaths and Marriages Registration Act 1996 38
s 17 amd No. 9, 2022, s 9
s 19 amd No. 1, 2004, s 62; No. 30, 2011, s 3
s 20 amd No. 30, 2011, s 3; No. 34, 2014, s 4
s 23 amd No. 30, 2011, s 3
sub No. 30, 2018, s 5
amd No. 9, 2022, s 10
s 24 amd No. 30, 2011, s 3; No. 9, 2022, s 11
s 25 amd No. 30, 2011, s 3
s 25A ins No. 9, 2022, s 12
s 26 amd No. 30, 2011, s 3; No. 9, 2022, s 13
ss 26A – 26B ins No. 9, 2022, s 14
s 27 amd No. 30, 2011, s 3
s 27A ins No. 9, 2013, s 115
amd No. 34, 2014, s 57
s 28 amd No. 30, 2011, s 3
pt 4A hdg ins No. 12, 1997, s 6
ss 28A – 28B ins No. 12, 1997, s 6
amd No. 30, 2011, s 3
sub No. 30, 2018, s 6
s 28C ins No. 12, 1997, s 6
sub No. 30, 2018, s 6
s 28CA ins No. 30, 2018, s 6
s 28D ins No. 12, 1997, s 6
sub No. 30, 2018, s 6
ss 28E – 28F ins No. 12, 1997, s 6
amd No. 30, 2011, s 3; No. 30, 2018, s 7
s 28G ins No. 12, 1997, s 6
amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 30, 2018, s 7
sub No. 9, 2022, s 15
ss 28H – 28J ins No. 12, 1997, s 6
amd No. 30, 2018, s 7
pt 4B hdg ins No. 8, 2022, s 64
ss 28K – 28P ins No. 8, 2022, s 64
ss 29 – 30 amd No. 30, 2011, s 3
pt 6
div 1 hdg amd No. 30, 2011, s 3
s 32 amd No. 30, 2011, s 3
s 34 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 16
s 35 amd No. 30, 2011, s 3
s 36 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 17
s 37 amd No. 44, 2005, s 22; No. 18, 2010, s 89; No. 30, 2011, s 3; No. 9, 2022,
s 18
s 38 amd No. 30, 2011, s 3
s 39 amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2022, s 19
ss 40 – 43 amd No. 30, 2011, s 3
ss 45 – 46 amd No. 30, 2011, s 3
s 48 sub No. 34, 2014, s 5
pt 9 hdg amd No. 30, 2011, s 3
s 49 amd No. 12, 2010, s 3
sub No. 9, 2022, s 20
s 50 amd No. 12, 2010, s 3
sub No. 9, 2022, s 21
s 51 amd No. 12, 2010, s 3; No. 9, 2022, s 22
s 53 amd No. 12, 2010, s 3
s 54 amd No. 38, 2010, s 3; No. 9, 2022, s 23
pt 10 hdg ins No. 34, 2014, s 6
pt 10
div 1 hdg ins No. 34, 2014, s 6
-- 42 of 43 --
ENDNOTES
Births, Deaths and Marriages Registration Act 1996 39
pt 10
div 2 hdg ins No. 34, 2014, s 7
ss 57 – 59 ins No. 34, 2014, s 7
-- 43 of 43 --