Status of Children Regulations 2009

Status of Children Regulations 2009

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 Status of Children Act 1974 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Justice

1.   Short title

These regulations may be cited as the Status of Children Regulations 2009 .

2.   Commencement

These regulations take effect on 18 August 2009.

3.   Interpretation

(1)  In these regulations –

Act means the Status of Children Act 1974 ;

instrument means an instrument of the kind described in section 8C(2) of the Act.

(2)  In these regulations, a reference to a form is a reference to a form in Schedule 1 .

4.   Instruments of acknowledgment of paternity

(1)  An instrument –

(a) is to be in accordance with Form 1; or

(b) if in another form, is to contain, or be accompanied by a document containing, the particulars in respect of the child and the parents specified in Form 1.

(2)  A copy of an instrument is to be verified as a true copy of the instrument by a statutory declaration of –

(a) a party to the instrument; or

(b) an Australian legal practitioner.

(3)  The Registrar of Births, Deaths and Marriages may refuse to accept for filing an instrument or copy which, in his or her opinion –

(a) is illegible, wholly or in part; or

(b) is likely to become illegible, wholly or in part.

5.   Certified copies of instruments

(1)  This regulation applies to a person who is entitled under section 9(2) of the Act to request an inspection, or search, of the instruments filed with the Registrar of Births, Deaths and Marriages under section 9(1) of the Act.

(2)  The Registrar of Births, Deaths and Marriages may, on payment of a fee of 28 fee units, provide a person to which this regulation applies with –

(a) a certified copy of an instrument; or

(b) a certified copy of a copy of an instrument.

SCHEDULE 1 - Forms

Form 1

Regulation 4

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

Notified in the Gazette on 5 August 2009

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide the form for an instrument of acknowledgment of paternity referred to in section 8C(2) of the Status of Children Act 1974 ; and

(b) provide the fee payable for a certified copy of that kind of instrument; and

(c) are made consequentially on the repeal of the Status of Children Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .