Document ID: chunk:federal_register_of_legislation:F2024C00574:reg:25:p2
Version: federal_register_of_legislation:F2024C00574
Segment Type: reg
Provision Reference: reg 25 (pt 2/3)
Character Range: 59138–61901

that the person may use is the name specified on the register after the change.
 (8) A person may use the surname stated on a foreign marriage certificate if:
 (a) the person:
 (i) was born overseas; and
 (ii) resides overseas; and
 (iii) is unable to obtain a marriage certificate or name change certificate from the registrar of births, deaths and marriages (however described) of a State or Territory; and
 (b) the marriage to which the foreign marriage certificate relates occurred after the person became an Australian citizen.
 (9) A person may use the name stated on a foreign name change certificate if:
 (a) the person:
 (i) was born overseas; and
 (ii) resides overseas; and
 (iii) is unable to obtain a name change certificate from the registrar of births, deaths and marriages (however described) of a State or Territory; and
 (b) the name change to which the foreign name change certificate relates occurred after the person became an Australian citizen.
 (10) If, on the request of the person, in exceptional circumstances, the Minister considers it desirable that another name appear on the Australian travel document, the person may use that name.
 (10A) Despite anything else in this section, if the Minister considers it desirable that another name appear on a travel‑related document issued in the circumstances mentioned in paragraph 9(1A)(b) of the Act, that other name may be used.
 (11) In this section:
Australian citizenship certificate means:
 (a) a certificate of citizenship granted under the Australian Citizenship Act 1948 (as in force before it was repealed); or
 (b) a notice given to a person under section 37 of the Australian Citizenship Act 2007.
foreign marriage certificate means a marriage certificate that:
 (a) is issued in accordance with the local law of the overseas country where the marriage takes place; and
 (b) is recognised by a competent authority of that overseas country as a certificate, entry or record of a marriage solemnised in, or under the law of, that country; and
 (c) relates to a marriage that is recognised under the Marriage Act 1961; and
 (d) is legalised.
foreign name change certificate means a certificate that:
 (a) is issued in accordance with the local law of the overseas country where the certificate is issued; and
 (b) is recognised by a competent authority of that overseas country as a certificate, entry or record which effects a name change for a person; and
 (c) is legalised.
legalised means:
 (a) for a foreign marriage certificate or foreign name change certificate issued in an overseas country that is a signatory to the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at The Hague on 5 October 1961—an apostille has been placed on the