Births, Deaths and Marriages Registration Amendment Regulations 2001

Births, Deaths and Marriages Registration Amendment Regulations 2001

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Births, Deaths and Marriages Registration Act 1999 .

10 December 2001

G. S. M. Green

Governor

By His Excellency's Command,

P. Patmore

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Births, Deaths and Marriages Registration Amendment Regulations 2001 .

2.   Commencement

These regulations take effect on the day on which the Births, Deaths and Marriages Registration Amendment Act 2001 commences.

3.   Principal Regulations

In these regulations, the Births, Deaths and Marriages Registration Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 4 inserted

After regulation 3 of the Principal Regulations , the following regulation is inserted:

4.   Prescribed persons for section 28E of Act

(1)  In these regulations,

registered person means a person whose change of sex is registered under Part 4A of the Births, Deaths and Marriages Registration Act 1999 .

(2)  For the purposes of section 28E of the Act, each of the following is a prescribed person:

(a) the registered person;

(b) the spouse, or a former spouse, of the registered person;

(c) a parent of the registered person (with, if the registered person has attained the age of 18 years, the written consent of the registered person);

(d) an executor or administrator of the registered person's estate;

(e) a person who holds a power of attorney of the registered person;

(f) an agent of the registered person (with the written consent of the registered person);

(g) an officer or person acting on behalf of a state or federal law enforcement body, including a court.

5.    Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting "for," from item 8 in the table and substituting "for (";

(b) by inserting ")" after "certificate" in item 8 in the table ;

(c) by inserting after paragraph (b) in item 9 in the table the following:

10. An application to register a change of sex (not including the issue of a replacement certificate).

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Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 19 December 2001

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Births, Deaths and Marriages Registration Regulations 2000 by –

(a) prescribing a fee for an application to register a change of a person's sex; and

(b) prescribing persons for the purpose of section 28E of the Births, Deaths and Marriages Registration Act 1999 .