New South Wales Consolidated Acts

LAW ENFORCEMENT AND NATIONAL SECURITY (ASSUMED IDENTITIES) ACT 1998 - SECT 7

7 Special provisions for entries in register of births and marriages

(1) The chief executive officer of an authorised agency may apply to an eligible Judge (as defined in section 8) for an order authorising the Registrar of Births, Deaths and Marriages to make in any register of births or marriages kept by the Registrar an entry in respect of an officer to whom an assumed identity approval has been granted under an assumed identity to which the approval applies.

(2) An eligible Judge may make an order under this section if satisfied that the making of the entry to which the application relates is justified having regard to the nature of the duties being undertaken or to be undertaken by the officer in connection with the assumed identity approval.

(3) A chief executive officer must provide such evidence as an eligible Judge may require to satisfy himself or herself as to the matters provided by this section.

(4) On the making of an order under this section, the Registrar of Births, Deaths and Marriages and any officer of the Registry acting under the direction of the Registrar is authorised and required to make any entries in a register of births or marriages that are necessary to give effect to the order.

(5) The chief executive officer of the authorised agency must maintain records showing appropriate identifying particulars of the original birth entry or the original marriage entry of an officer in respect of whom an order is made under this section.

(6) An entry in a register of births or marriages made under this section is to be cancelled by the Registrar of Births, Deaths and Marriages or by any officer of the Registry acting under the direction of the Registrar if an eligible Judge, on being satisfied that the assumed identity approval is no longer in force, makes an order on the application of the chief executive officer directing that the entry be cancelled.