Page 793 - Week 03 - Thursday, 25 March 1993

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instruments which no longer have any effect. This has led to difficulties for the registrar's office due to the accumulation of outdated security documents, which has led to storage problems and to delays in access to documents.

This Bill provides the registrar with the power to destroy those security documents which are no longer effective, such as those which have been discharged, those which have been satisfied, documents for which a receipt has been registered, documents which the registrar believes on reasonable grounds no longer have effect, and documents which have been registered for at least 10 years. The period of 10 years is the expected life of or depreciation period of the items most commonly secured by a bill of sale - items such as motor cars or retail shop equipment.

This approach to the problem of obsolete documents follows a meeting of State and Territory registering authorities at which it was agreed that a uniform approach be taken. To date only the Northern Territory has enacted such legislation. The amendments will also bring the treatment of preferable liens on wool into line with the treatment of other securities. The amendment also seeks to reform the language used in the principal Act. Sexist language has been removed and the use of archaic language has been reduced as far as possible without a major rewrite of the Act. In short, the amendment should be of practical assistance in the administration of documents in the registrar's office. I present the explanatory memorandum to the Bill.

Debate (on motion by Mr Humphries) adjourned.

BIRTH (EQUALITY OF STATUS) (AMENDMENT) BILL 1993

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.52): Mr Deputy Speaker, I present the Birth (Equality of Status) (Amendment) Bill 1993.

Title read by Clerk.

MR CONNOLLY: I move:

That this Bill be agreed to in principle.

The Birth (Equality of Status) Act 1988 allows a man to acknowledge that he is the father of an ex-nuptial child, so that for all purposes he shall be presumed to be the father of that child. There are certain formal requirements for doing this. The acknowledgment must be made in the approved form and must be made before the Registrar of Births, Deaths and Marriages, a commissioner for declarations under the Commonwealth Statutory Declarations Act 1959, a legal practitioner, a registrar or clerk of court, or a minister of religion under the Commonwealth Marriage Act 1961.

Since this Act came into force the Commonwealth regulations which determine who is qualified to witness a statutory declaration have been amended to allow more people to do so. Prior to the new regulations there were only seven categories of people before whom a statutory declaration could be made.


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