Name change by prisoner or parolee
192 Name change by prisoner or parolee
A person (person A) commits an offence if:
(a) person A applies under a name registration Act to register a change of the person's own name or the name for another person; and
(b) the person whose name it is sought to change (named person) is:
a prisoner; or
(ii) a non‑custodial offender who is subject to a parole order; and
(c) person A does not have the consent of the Commissioner to make the application.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) If person A is the named person, strict liability applies to subsection (1)(b).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse.
(4) For subsection (1)(c), in deciding whether to give consent, the Commissioner must have regard to each of the following:
the nature of the offence committed by the named person;
the named person's criminal history;
(c) whether the proposed name change could be used to further an unlawful activity or purpose;
(d) whether the proposed name change could be considered offensive to victims, or the families of victims, of offences committed by the named person.
(5) As a secondary consideration, the Commissioner may have regard to the interests of the named person.
In this section:
name registration Act means:
the Births, Deaths and Marriages Registration Act 1996; or
(b) an Act of another jurisdiction that permits a person to register a change of the person's name.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.