Victorian Numbered Acts Victorian Numbered Acts(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the new Act.
(2) A provision mentioned in sub-clause (1) may be retrospective in operation to the commencement day or a day after the commencement day.
(3) Regulations under this clause have effect despite anything to the contrary in any Act other than the new Act or in any subordinate instrument.'.
__________________
See:
Act
No.
56/1989.
Reprint
No. 7
as
at
1 March
2002
and
amending
Act
Nos
69/1992, 11/2002, 35/2002, 83/2003, 36/2004, 72/2004, 89/2004, 108/2004,
15/2005, 18/2005, 19/2005, 21/2005, 77/2005, 93/2005, 96/2005, 5/2006 and
24/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
31. Delegation
In section 7(1) of the Children and Young Persons Act 1989 , after "section 271(3) or (4)," insert "the power to approve under section 260AD a change of name application,".
32. Instalment orders
In sections 155 and 157 of the Children and Young Persons Act 1989 for "child" (wherever occurring) substitute "person".
33. New Division 12A of Part 4 inserted
After Division 12 of Part 4 of the Children and Young Persons Act 1989 insert —
This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996 .
In this Division—
"change of name application" means an application by or on behalf of a detainee for registration of—
(a) a change of the detainee's name; or
(b) a change of the name of a child of the detainee;
"detainee" means a person who is undergoing a sentence of detention in a youth residential centre or youth training centre;
"Victorian Registrar" means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 .
(1) A detainee must not make a change of name application to a Registrar without having first obtained the written approval of the Secretary.
Penalty: For a detainee under the age of 15 years, 1 penalty unit;
In any other case, 5 penalty units.
(2) A person must not make a change of name application to a Registrar on behalf of a detainee unless the written approval of the Secretary is first obtained.
Penalty: For a person under the age of 15 years, 1 penalty unit;
In any other case, 5 penalty units.
(3) In this section, "Registrar" means—
(a) the Victorian Registrar; or
(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.
(1) Subject to sub-section (2), the Secretary may only approve a change of name application if he or she is satisfied that the change of name is in all the circumstances necessary or reasonable.
(2) The Secretary must not approve a change of name application if he or she is satisfied that the change of name would, if registered, be reasonably likely—
(a) to be a threat to the security of a youth residential centre or youth training centre; or
(b) to jeopardise the safe custody or welfare of any detainee; or
(c) to be used to further an unlawful activity or purpose; or
(d) to be regarded as offensive by a victim of crime or an appreciable sector of the community.
If the Secretary approves a change of name application, the Secretary must—
(a) as soon as practicable, give written notice of the approval to the person who made the application; and
(b) if the detainee consents, give a copy of the written notice of approval to the Victorian Registrar.
The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if—
(a) the Victorian Registrar knows that—
(i) the application for the change of name is made by or on behalf of a detainee; and
(ii) the change of name relates to the name of the detainee or a child of the detainee; and
(b) the Victorian Registrar has not received a copy of the notice of approval of the Secretary to the application under section 260AE.
Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996 , the Victorian Registrar may correct the Register under that section if—
(a) the name of a detainee or a child of a detainee on the Register was changed because of a change of name application; and
(b) the Secretary had not approved that change of name application under section 260AD.'.