New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 29A

29A Requirement to disclose criminal record

(1) The form approved by the Registrar for an application for registration of a change of an adult’s name is to include a requirement to the effect that the applicant disclose whether he or she has been convicted of a relevant offence.

(2) The form approved by the Registrar for an application for registration of a change of a child’s name is to include a requirement to the effect that the applicant disclose whether the child has been convicted of a relevant offence.

(3) An offence against section 57 in relation to a false or misleading disclosure referred to in this section in an application for registration of a change of name is in addition to an offence against that section for any other false or misleading representation made in the same application.

(4) In this section:
"conviction for an offence":

(a) includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 , and

(b) does not include a spent conviction within the meaning of Part 2 of the Criminal Records Act 1991 or a conviction that is taken to be quashed within the meaning of Part 4 of that Act.

"relevant offence" means:

(a) an offence in New South Wales that is punishable by imprisonment for 12 months or more, or

(b) an offence in a jurisdiction other than New South Wales that, if committed in New South Wales, would be an offence so punishable.

Note: The provision of false or misleading information in an application for registration of a change of name in relation to disclosure of convictions for relevant offences constitutes an offence against section 57 with a maximum penalty of 100 penalty units or 2 years imprisonment or both.