Births, Deaths, Marriages, and Relationships Registration Act 1995 No 16 (as at 29 November 2010), Public Act

89 Offences and penalties
  • (1) Every person commits an offence who—

    • (a) makes or causes to be made, for the purpose of the recording of any information under this Act, any statement that is, and is known by that person to be, false in relation to any particular matter required to be notified or recorded under this Act:

    • (b) being a person (other than a Registrar) with control of or access to a device on which registered information is stored electronically, knowingly and without the consent of a Registrar—

      • (i) deletes or alters any information stored on the device; or

      • (ii) allows any information stored on the device to be deleted or altered; or

      • (iii) stores any information (whether correct or incorrect) on the device; or

      • (iv) allows any information (whether correct or incorrect) to be stored on the device,—

      (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium):

    • (c) being a Registrar, knowingly—

      • (i) deletes or alters any registered information stored electronically on any device; or

      • (ii) allows any registered information stored electronically on any device to be deleted or altered; or

      • (iii) stores any information (whether correct or incorrect) on a device on which registered information is stored electronically by or on behalf of the Registrar-General; or

      • (iv) allows any information (whether correct or incorrect) to be stored on a device on which registered information is stored electronically by or on behalf of the Registrar-General,—

      otherwise than in accordance with this Act (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium):

    • (d) acts in contravention of or fails to comply with any provision of this Act (not being a provision requiring the person to give any notice or information):

    • (e) having had the relevant provision of this Act drawn to the person's attention, fails or refuses to give any information required by this Act to be given:

    • (f) being a Registrar,—

      • (i) negligently loses or damages a document containing information recorded under this Act or a former Act, or any part of such a document; or

      • (ii) negligently allows it to be damaged; or

      • (iii) negligently does any act referred to in paragraph (c):

    • (g) makes a written or oral statement, knowing that it is false or being reckless as to whether it is false, for the purpose of obtaining a source document, or a copy of a source document, or information recorded under this Act:

    • (h) for a purpose contemplated by this Act, provides any means of identification knowing that it is false or having reason to suspect that it has been forged or falsified.

    (2) Every person who commits an offence against subsection (1)(a) or subsection (1)(b) or subsection (1)(c) shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

    (2A) A person who commits an offence against subsection (1)(g) or (h) is liable, on summary conviction, to a term of imprisonment not exceeding 3 months or a fine not exceeding $10,000, or both.

    (3) A person who commits any other offence against this Act is liable, on summary conviction, to a fine not exceeding—

    • (b) $10,000 for a contravention of or failure to comply with section 42:

    • (c) $1,000 for—

      • (i) a contravention of or failure to comply with a provision of this Act other than section 42, 78F(7), or 78I; or

      • (ii) an offence against any of subsection (1)(d) to (f).

    (4) Nothing in this section derogates from section 150 of the Crimes Act 1961.

    Section 89(1)(g): added, on 24 January 2009, by section 39(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 89(1)(h): added, on 24 January 2009, by section 39(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 89(2): amended, on 24 January 2009, by section 39(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 89(2A): inserted, on 24 January 2009, by section 39(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 89(3): substituted, on 24 January 2009, by section 39(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).