Status of Children Regulations 2019

Status of Children Regulations 2019

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 .

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

1.   Short title

These regulations may be cited as the Status of Children Regulations 2019 .

2.   Commencement

These regulations take effect on 5 August 2019.

3.   Interpretation

In these regulations –

Act means the Status of Children Act 1974 ;

Form 1 means the form of that number set out in Schedule 1 ;

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

4.   Instruments of acknowledgement of paternity

(1)  An instrument –

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

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

(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 an instrument, or copy of an instrument, for filing if the Registrar of Births, Deaths and Marriages considers the instrument or copy –

(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 whom this regulation applies with –

(a) a certified copy of an instrument; or

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

SCHEDULE 1 - Form

Regulation 3

Form 1 - Instrument of Acknowledgement

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

Notified in the Gazette on 24 July 2019

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe the information to be provided, in certain circumstances, by a parent when acknowledging paternity under the Status of Children Act 1974 ; and

(b) specify how a certified copy of certain instruments, filed with the Registrar of Births, Deaths and Marriages under that Act, may be obtained; and

(c) are made consequent on the repeal of the Status of Children Regulations 2009 under section 11 of the Subordinate Legislation Act 1992 .