486 Melbourne University Law Review [Vol 40:456 (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth), the Senate Legal and Constitutional Affairs Legislation Committee recommended that ‘the Department of Immigration and Border Protection ensures that the birth registration process is completed before any child born in Australia is removed to a regional processing country.’169 However, based on desk research, it is not clear whether this recommendation has been adopted. If an asylum seeker gives birth in a regional processing country, there is no information publically available as to the process followed to ensure that the birth is registered immediately (or at all). Australia cannot relieve itself of its international obligations with respect to birth registration simply by sending asylum seekers to other countries for processing.170 The Births, Deaths and Marriages Ordinance 1957 (Nauru) requires a parent of a child born on Nauru to notify the Registrar of ‘such information as the Registrar requires for the purpose of registering the birth’ within 21 days of the birth.171 Further: Where the notification of the birth of a child cannot be given by a parent of the child, the occupier of the building or place where the child is born shall, within twenty-one days after the date of the birth, notify the Registrar of the birth and furnish to the Registrar such information as the Registrar requires for the purpose of registering the birth.172 Although Nauru has not ratified the 1961 Convention, the Constitution of Nauru (Nauru) provides that a child may acquire Nauruan citizenship by birth if he or she would otherwise be stateless.173 This means that stateless 169 Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 [Provisions] (2014) 40 [3.74]. 170 Australia is responsible for the actions of its officials both within and outside of Australian territory, including within the territory of other sovereign states, such as Nauru and Papua New Guinea: Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980) arts 27, 29. See, eg, Amuur v France [1996] III Eur Court HR 826; Ian Brownlie, System of the Law of Nations: State Responsibility ---- Part I (Oxford University Press, 1983) 135--7; MSS v Belgium [2011] I Eur Court HR 255; NS v Secretary of State for the Home Department (C-411/10, C-493/10) [2011] ECR I-13991. The High Court of Australia has acknowledged Australia’s legal responsibility in the regional processing regime: Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 257 CLR 42, 70 [41] (French, CJ, Kiefel and Nettle JJ), 84--5 [93] (Bell J), 108--9 [173]--[175] (Gageler J), 137 [292], 146 [323], 152--4 [353]--[355] (Gordon J). 171 Births, Deaths and Marriages Ordinance 1957 (Nauru) s 7(1). 172 Ibid s 7(2). 173 Constitution of Nauru (Nauru) s 73: ‘A person born in Nauru on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if, at the date of