Registration of Births and Deaths Act 1895

Registration of Births and Deaths Act 1895

An Act to consolidate and amend the law relating to the Registration of births and deaths in Tasmania

[Preamble Repealed by 25 Geo. V No. 78 ]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - [Part I Heading inserted by No. 16 of 1963, s. 5 ]Preliminary

1.   Short title

[Section 1 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Registration of Births and Deaths Act 1895 , and shall come into operation on the first day of January 1896.

1A.   Interpretation

[Section 1A Inserted by No. 46 of 1966, s. 2 ][Section 1A Amended by No. 109 of 1987, s. 4 ][Section 1A Amended by No. 41 of 1988, s. 121 and Sched. 1 ][Section 1A Amended by No. 31 of 1994, s. 21 ]

(1)  In this Act, unless the contrary intention appears –

exnuptial child means a child whose natural father and mother were not married to each other at the time of the conception of the child and have not since married each other;

live birth means the complete expulsion or extraction from its mother of a viable foetus in which, after that expulsion or extraction, the heart was beating;

the special record means the special record formerly kept under this Act and continued in force under section 63 (1) of the Adoption Act 1988 ;

viable foetus means a product of conception of at least twenty weeks' gestation or of a weight of not less than four hundred grammes.

(2)  For the purposes of this Act, a child shall be deemed to be born alive only if it is born in circumstances which constitute a live birth (as defined in subsection (1) of this section).

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   Appointment of Registrar-General, Deputy Registrar-General, and staff

[Section 3 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 3 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Minister administering the Tasmanian State Service Act 1984 may appoint a person employed under that Act to be Registrar-General, and that person shall hold that office in conjunction with a position or an office under that Act.

(2)  The Registrar-General shall have and may use a seal of office, having inscribed in the margin thereof "the seal of the Registrar-General".

(3)  [Section 3 Subsection (3) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Minister administering the Tasmanian State Service Act 1984 may appoint a person employed under that Act to be Deputy Registrar-General, and that person shall hold that office in conjunction with a position or an office under that Act.

(3A)  [Section 3 Subsection (3A) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]Subject to and in accordance with the Tasmanian State Service Act 1984 , there may be appointed or employed such persons as are considered necessary for the purposes of this Act.

(4)  All acts and things required or authorized by this Act or any other Act to be done by the Registrar-General may be done by the Deputy Registrar-General, and any act or thing so done by the Deputy Registrar-General is as valid and effectual as if it had been done by the Registrar-General.

3A.   

[Section 3A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

4.   Registrars

(1)  [Section 4 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]Subject to subsection (1A) , the Secretary of the Department may appoint persons employed in the Department to be registrars of births and deaths for the purposes of this Act and those persons shall hold office in conjunction with their positions or offices under the Tasmanian State Service Act 1984 .

(1A)  [Section 4 Subsection (1A) inserted by No. 48 of 1958, s. 2 ][Section 4 Subsection (1A) amended by No. 58 of 1968, s. 4 ][Section 4 Subsection (1A) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Subject to subsection (1B) of this section, where any of the districts into which the State is divided pursuant to section seven is conterminous with any municipal area, other than the municipal area of Hobart or Launceston, the general manager of the council in that municipal area is the registrar of births and deaths for that district.

(1B)  [Section 4 Subsection (1B) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (1B) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 4 Subsection (1B) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Notwithstanding subsection (1A) , if the Secretary of the Department thinks it desirable to do so, he may, with the approval of the Minister, authorize a person other than the general manager of a council in a municipal area to which that subsection relates to perform the duties and exercise the powers of registrar for the relevant district, and such a person shall be deemed to have been appointed for the purposes of subsections (2) , (3) , and (4) as a registrar.

(1C)  [Section 4 Subsection (1C) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(2)  [Section 4 Subsection (2) added by No. 82 of 1957, s. 3 ]The Registrar-General shall, in the month of January in each year, cause to be published in the Gazette a list of the names of the persons who have been appointed as registrars, with their designations and residences.

(3)  [Section 4 Subsection (3) added by No. 82 of 1957, s. 3 ]Where a person is appointed as a registrar after the publication of the list prescribed by subsection (2) of this section, the Registrar-General shall cause notice of the appointment to be published in the Gazette within one month after the appointment has been made.

(4)  [Section 4 Subsection (4) added by No. 82 of 1957, s. 3 ]Notwithstanding subsection (3) of this section, the failure to give notice of the appointment of a registrar as required by that subsection does not affect the validity of the appointment or the authority of the person appointed.

(5)  [Section 4 Subsection (5) added by No. 82 of 1957, s. 3 ]Where a person ceases to act as a registrar, the Registrar-General shall forthwith cause notice thereof to be published in the Gazette.

5.   Deputy of registrar appointed under the Tasmanian State Service Act 1984

[Section 5 Substituted by No. 58 of 1968, s. 5 ]

(1)  [Section 5 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where a registrar has been appointed in accordance with section 4 (1) , the Secretary of the Department may appoint a person employed in the Department to act, when required to do so, as the deputy of that registrar.

(2)  A deputy appointed under this section, while acting as the deputy of the registrar whose deputy he is, has all the powers and privileges, and shall perform all the duties, and is subject to all the responsibilities, of that registrar.

(3)  All acts and things done or purporting to be done by a deputy appointed under this section shall be deemed to have been done pursuant to the direction of the Registrar-General unless the contrary is proved.

6.   Deputies of registrars other than registrars to whom section 5 relates

[Section 6 Substituted by No. 58 of 1968, s. 5 ]

(1)  [Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Registrar-General may authorize a person to perform the duties and exercise the powers of the deputy of a registrar, other than a registrar to whom section five relates in case of the death, illness, or unavoidable absence of the registrar.

(2)  [Section 6 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A deputy authorized under this section shall act as registrar –

(a) in the case of the death of the registrar whose deputy he is, from the date of the death until the appointment of a new registrar has been made; or

(b) during the illness or absence of the registrar, from the time the deputy receives notice of the illness or absence until he receives notice that the registrar whose deputy he is has resumed duty, and while the deputy is lawfully so acting the registrar shall not act.

(3)  [Section 6 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A deputy authorized under this section, while acting as the deputy of the registrar whose deputy he is, has all the powers and privileges, and shall perform all the duties, and is subject to all the responsibilities, of that registrar.

(4)  [Section 6 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]All acts and things done or purporting to be done by a deputy authorized under this section shall be deemed to have been done under the authority of this section.

7.   Registrars' districts

[Section 7 Amended by 25 Geo. V No. 78 ]

(1)  It shall be lawful for the Governor, by proclamation, to divide the State for the purposes of this Act into such and so many districts as he shall think fit; and every such district shall be called by a distinct name, and shall be a registrar's district.

(2)  All births and deaths shall be registered in the district in which they respectively occur.

8.   Registrars to dwell in their districts

[Section 8 Amended by No. 58 of 1968, s. 6 ]Every registrar shall have an office within the district of which he is registrar, and shall cause the words "Registrar of Births and Deaths" to be placed in some conspicuous place on or near the outer door of his office for registration.

9.   Fees

(1)  [Section 9 Subsection (1) amended by 25 Geo. V No. 78 ][Section 9 Subsection (1) amended by No. 82 of 1957, s. 5 ]The Registrar-General and every registrar appointed under this Act are hereby respectively empowered to receive and take the several fees prescribed under this Act.

(2)  [Section 9 Subsection (2) added by No. 82 of 1957, s. 5 ]All fees are payable in advance.

(3)  [Section 9 Subsection (3) added by No. 82 of 1957, s. 5 ][Section 9 Subsection (3) amended by No. 58 of 1968, s. 7 ][Section 9 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ]All fees received under the provisions of this Act by the Registrar-General and the registrars appointed or authorized in accordance with the provisions of the Tasmanian State Service Act 1984 shall be paid into the Consolidated Revenue.

(4)  [Section 9 Subsection (4) added by No. 82 of 1957, s. 5 ]All fees received by a registrar other than a registrar referred to in subsection (3) of this section under the provisions of this Act may be retained by the registrar for his own use and benefit.

(5)  [Section 9 Subsection (5) added by No. 82 of 1957, s. 5 ]The Registrar-General or a registrar, with the approval, in writing, of the Registrar-General, may remit the payment of a fee in any case where the Registrar-General considers that the remission is justified.

10.   

[Section 10 Repealed by No. 82 of 1957, s. 2 ].  .  .  .  .  .  .  .  

11.   Registers, books, and forms

The Registrar-General shall, at the public expense, furnish to all parties requiring the same such registers, books, and forms as may be requisite for the purposes of this Act.

12.   Entries in register books

[Section 12 Amended by 25 Geo. V No. 78 ]Every registrar shall in each case inform himself carefully of the particulars required to be registered by him touching births and deaths under this Act, and shall, without fee or reward, except when otherwise specially provided by law, enter and register all such particulars according to the forms I and II in the second schedule in cases of births and deaths respectively.

13.   Registrars' monthly returns to Registrar-General

[Section 13 Amended by 25 Geo. V No. 78 ][Section 13 Amended by No. 58 of 1968, s. 8 ][Section 13 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every registrar shall, in the first week in each month, transmit to the Registrar-General true copies, so certified by him, of all entries of births and deaths made in the register books in his office during the month next preceding, or a certificate under his hand that there have been no such entries, as the case may be.

Penalty:  Fine not exceeding 10 penalty units.

14.   In case of lost certified copy, registrar to send fresh copy

In case of the loss or miscarriage of any of the aforesaid certified copies, the registrar shall, at the request of the Registrar-General, without fee or reward, make and transmit to the Registrar-General fresh copies, certified under his hand, of the original entries, and such copies shall be substituted by the Registrar-General for the duplicates so lost or mislaid.

15.   Registrars exempt from serving as jurors

[Section 15 Amended by 25 Geo. V No. 78 ]The Registrar-General, and every registrar under this Act, and the deputy of the Registrar-General or of any registrar while legally acting for the officer whose deputy he is, shall be exempt from serving on any jury or inquest.

PART II - Registration of Births

Division I - [Part II, Div. I Heading inserted by No. 16 of 1963, s. 5 ]General

16.   Parents and others required to give information to authorities within sixty days

[Section 16 Amended by 25 Geo. V No. 78 ]

(1)  [Section 16 Subsection (1) amended by No. 58 of 1968, s. 9 ]In the case of every child born alive in Tasmania, it shall be the duty of the father or mother of the child, and in case of the death, absence, or inability of the father or mother, of the occupier of the house or tenement in which the child is born, and of the person having charge of the child, and of each person present at the birth, to give to the registrar of the district wherein such child is born, within sixty days next after such birth, information in the prescribed form according to the best of his knowledge or belief concerning the birth.

(2)  [Section 16 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 16 Subsection (2) amended by No. 58 of 1968, s. 9 ][Section 16 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person hereby required who shall refuse or without reasonable cause neglect to give such notice aforesaid shall be liable to a fine not exceeding 5 penalty units.

(3)  [Section 16 Subsection (3) amended by No. 58 of 1968, s. 9 ]If any of the persons who are required by this section to give to the registrar information relating to any birth do so, no penalty shall be imposed on the remainder of such persons for not having given the information.

17.   Saving as to father in case of exnuptial child

[Section 17 Amended by No. 58 of 1968, s. 10 ][Section 17 Amended by No. 36 of 1974, s. 12 and Sched. 1 ][Section 17 Amended by No. 109 of 1987, s. 5 ]In the case of an exnuptial child, no person shall, as father of such child, be required to give information under this Act concerning the birth of such child, and it shall not be lawful for the registrar to enter the name of any person as the father of such child unless at the joint request of the mother and of the person acknowledging himself to be the father of such child.

18.   Paternity acknowledgement form

[Section 18 Inserted by No. 109 of 1987, s. 6 ]

(1)  Any man may, in the presence of a justice, execute a paternity acknowledgement in the prescribed form acknowledging that he is the father of an exnuptial child specified in the form and may lodge the form with the Registrar-General.

(2)  A paternity acknowledgement form lodged with the Registrar-General pursuant to subsection (1) shall be accompanied by –

(a) if the form is countersigned by the mother of the child in the presence of a justice, the relevant lodgement fee prescribed for the purposes of this paragraph; or

(b) if the form is not countersigned by the mother of the child, the relevant lodgement fee prescribed for the purposes of this paragraph.

(3)  Where a paternity acknowledgement form is not countersigned by the mother of the child, the Registrar-General shall not accept lodgement of the form unless it contains a brief explanation as to why it is not countersigned.

18A.   Procedure where mother of child countersigns form

[Section 18A Inserted by No. 109 of 1987, s. 6 ]

(1)  Where a paternity acknowledgement form is countersigned by the mother of the child and is lodged with the Registrar-General, the Registrar-General shall, subject to subsection (2) , direct a registrar to re-register the birth in the register kept by that registrar and include in that re-registered record the name of, and other relevant particulars relating to, the man who executed the paternity acknowledgement.

(2)  The name of, and other relevant particulars relating to, the man who executed the paternity acknowledgement shall be recorded in the register of birth for the child only if the Registrar-General has no reason to believe that the man so acknowledging himself is not the father of the child.

(3)  An entry under this section may be made notwithstanding that the child to whom it relates has died.

18B.   Procedure where form is not countersigned

[Section 18B Inserted by No. 109 of 1987, s. 6 ]

(1)  Where a paternity acknowledgement form is not countersigned by the mother of the child and is lodged with the Registrar-General, the Registrar-General shall deal with the form in accordance with this section.

(2)  If the Registrar-General is satisfied that the form has not been countersigned because the mother of the child is dead and he has no reason to believe that the man who executed the paternity acknowledgement is not the father of the child, he shall direct a registrar to re-register the birth in the register kept by that registrar and include in that re-registered record the name of, and other relevant particulars relating to, the man.

(3)  If the form has not been countersigned for any other reason, the Registrar-General shall –

(a) cause to be served on the mother at the place where she resides; or

(b) if her whereabouts are unknown, cause to be served on her at the place where he believes her to have last resided, or cause to be published in a newspaper circulating in the area in which he believes her to have last resided –

a notice inviting her to lodge with him within 60 days after the service or, as the case may be, the publication of the notice an objection in writing to the name and particulars of the man who executed the paternity acknowledgement being so recorded on the ground that the man so acknowledging himself is not the father of the child.

(4)  If an objection has not been lodged within the period specified in subsection (3) and the Registrar-General has no reason to believe that the man who executed the paternity acknowledgement is not the father of the child, he shall direct a registrar to re-register the birth in the register kept by that registrar and include in that re-registered record the name of, and other particulars relating to, the man.

(5)  The Registrar-General may make such inquiries, and require the production of such evidence, as he thinks fit to satisfy himself of any matter of which he is required to be satisfied for the purposes of this section.

(6)  Where the mother of a child lodges an objection pursuant to the invitation made under subsection (3) , the Registrar-General shall notify in writing the man who executed the paternity acknowledgement that the mother has made the objection and may, where appropriate, make on behalf of the child an application for a declaration of paternity of the child in accordance with section 10(1) of the Status of Children Act 1974 .

(7)  The power of the Registrar-General to make an application referred to in subsection (6) is without prejudice to his power to make such an application in circumstances other than those to which that subsection relates.

(8)  Where a declaration of paternity is made in accordance with section 10(1) of the Status of Children Act 1974 that the relationship of father and child exists between the man who executed the paternity acknowledgement and the child named in the acknowledgement, the Registrar-General shall direct a registrar to re-register the birth in the register kept by that registrar and include in that re-registered record the name of, and other relevant particulars relating to, the man.

(9)  An entry under this section may be made notwithstanding that the child to whom it relates has died.

18C.   Issue of copies of or extracts from entries relating to re-registered births

[Section 18C Inserted by No. 109 of 1987, s. 6 ]Where the birth of a child has been re-registered pursuant to section 18A or 18B , the Registrar-General or any other registrar shall not issue to the child or to any other person a copy of, or an extract from, the original entry of the birth unless the Registrar-General is satisfied that the copy or extract is properly required as evidence of a fact of which a copy of, or extract from, the entry of the birth made pursuant to that section would not be evidence.

18D.   Alteration of record

[Section 18D Inserted by No. 109 of 1987, s. 6 ]

(1)  Where the birth of a child has been re-registered pursuant to section 18A (1) or 18B (2) or (4) , the entry of the name of the man acknowledging himself to be the father of the child in the new entry of the birth shall not be deleted except by an order of a judge in chambers.

(2)  An application for an order referred to in subsection (1) may be made by or on behalf of any person who has a proper interest in the result, including –

(a) the man who executed the paternity acknowledgement;

(b) the mother of the child to whom the acknowledgement relates;

(c) the child; or

(d) the Registrar-General.

(3)  Where any person whose interests would, in the opinion of the judge in chambers, be affected by the making of an order referred to in subsection (1) is not present or represented, and has not been given the opportunity to be present or represented, at the hearing of an application made under subsection (2) , the judge may, if he thinks that that person ought to be present or represented at the hearing, adjourn the hearing to enable that person to be given an opportunity to be so present or represented.

(4)  On the hearing of an application made under subsection (2) , the judge in chambers may make or refuse to make the order applied for.

(5)  Where an order referred to in subsection (1) is made, the Registrar of the Supreme Court shall cause a copy of the order to be transmitted to the Registrar-General who shall direct the registrar in whose register the birth of the child has been re-registered to cancel the entry made by way of re-registration under section 18A (1) or 18B (2) or (4) in respect of the child.

(6)  If a declaration of paternity referred to in section 18B (8) is revoked pursuant to section 10(5) of the Status of Children Act 1974 the Registrar-General shall direct the registrar in whose register the birth of the child has been re-registered to cancel the entry made by way of re-registration under section 18B (8) in respect of the child.

19.   Limit of time for registration of births

[Section 19 Amended by 25 Geo. V No. 78 ][Section 19 Subsection (2) amended by No. 58 of 1968, s. 12 ]

(1)  After the expiration of sixty days following the day of the birth of any child, it shall not be lawful for any registrar to register such birth, save as hereinafter provided.

(2)  [Section 19 Subsection (2) amended by No. 82 of 1957, s. 6 ]Where the birth of any child has not been registered in accordance with the foregoing provisions of this Act, any person present at the birth of such child, or a parent or guardian thereof, at any time within twelve months next after such birth, may make a statutory declaration of the particulars required to be known touching the birth of such child, according to the best of his knowledge and belief; and upon receipt of such declaration, and upon payment of the prescribed fee, the registrar of the district within which the said birth occurred may register the birth according to the information of the person making the declaration.

(3)  Where the birth of any child has not been registered the registrar, by notice in writing, may require any person present at the birth of such child, or the parents or guardian thereof, to attend personally at his office within such time as may be specified in the notice, being not less than sixty days and not more than twelve months after such birth.

(4)  If any person so summoned fails to appear, or having appeared refuses to make such declaration, or to pay the fee above-mentioned, he shall be liable to the penalty provided by section sixteen for neglecting or refusing to register the birth.

(5)  No penalty shall be imposed under section sixteen if the birth be registered as provided by this section.

20.   Name given after registration may be registered within twelve months after registration of birth

[Section 20 Amended by 25 Geo. V No. 78 ][Section 20 Subsection (2) amended by No. 58 of 1968, s. 13 ]

(1)  When the birth of any child has been registered with or without a name, and a name, or an altered name, has been given to the said child subsequently, in baptism or otherwise, the parent or guardian of such child, or the person who signed the original entry may, within twelve months next after the registration of the birth, have any such name, or altered name, added to the register of the original entry, and in any such case shall deliver to the registrar of the district such certificate as hereinafter mentioned.

(2)  [Section 20 Subsection (2) amended by No. 82 of 1957, s. 7 ]The registrar, upon the receipt of such certificate, and upon payment of the prescribed fee, shall, without any erasure of the original entry, forthwith enter in the register book, in the proper column, the name mentioned in the certificate as having been given to the child, and having stated upon the certificate the fact of such entry having been made, shall, unless such name is added before the return containing the original entry of such birth has been made as provided by section thirteen , forthwith send the certificate to the Registrar-General, together with a certified copy of the entry of the birth with the name so added.

(3)  The certificate shall be in form IV in the second schedule , and shall be signed by the minister or person who performed the rite of baptism upon which the name was given or altered, or, if the child is not baptised, shall be signed by the father, mother, or guardian of the child, or other person procuring the name of the child to be given or altered.

(4)  [Section 20 Subsection (4) amended by No. 82 of 1957, s. 7 ]Every minister or person who performs the rite of baptism shall deliver the certificate required by this section on demand, on payment of the prescribed fee.

21.   Child born at sea or out of State

[Section 21 Amended by 25 Geo. V No. 78 ][Section 21 Amended by 6 Edw. VII No. 8, s. 2 ][Section 21 Amended by No. 58 of 1968, s. 14 ]In every case of the arrival in the State of a child –

(a) born outside the Commonwealth;

(b) whose birth has not been registered elsewhere;

(c) who is under the age of eighteen months at the time of arrival in the State; and

(d) whose parents or guardians reside in the State, the registrar of the district in which such parents or guardians reside, at any time not later than twelve months next following the day of the child's arrival in the State, on a solemn declaration by one of the parents, or by the lawful guardian of such child, of the particulars required to be registered, may register, without fee or reward, the birth of such child in the manner provided for the registration of births taking place within the State.

22.   Registration of birth after twelve months

[Section 22 Substituted by 25 Geo. V No. 78 ]

(1)  A registrar –

(a) with the consent in writing of the Registrar-General;

(b) in accordance with the prescribed conditions; and

(c) upon payment of the prescribed fee –

may register the birth of a child whose age does not exceed five years, although a period exceeding twelve months has elapsed since the birth of such child, or, if such child was born out of the State, since his arrival in the State.

(2)  [Section 22 Subsection (2) amended by 9 Geo. VI No. 23, s. 2 ]Where a birth is registered under –

(a) subsection (1) hereof, the fact of the Registrar-General; and

(b) section thirty-five A , the fact of a police magistrate –

having given authority for such registration shall be entered on the register against the entry of such birth.

(3)  No register, or certified copy of any entry in a register, wherein it appears that the registration was affected more than –

(a) twelve months after –

(i) the birth in this State; or

(ii) the arrival in this State (if born elsewhere); or

(b) five years after the birth –

of such child, shall be evidence of the date of such birth, unless such register or entry purports to show that the provisions of subsection (2) hereof have been complied with.

(4)  [Section 22 Subsection (4) amended by No. 16 of 1963, s. 2 ][Section 22 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 22 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No registrar shall knowingly register the birth of any child after the expiration of the period of twelve months specified in subsection (3) hereof, except under the authority of this section, or of section twenty-two B , or of section thirty-five A .

Penalty:  Fine not exceeding 5 penalty units.

Division II - Registration of legitimations

[Part II, Div. II  Inserted by No. 16 of 1963, s. 3 ]

22A.   Interpretation

[Section 22A Inserted by No. 16 of 1963, s. 3 ]In this Division, unless the contrary intention appears –

appointed day means the date of the commencement of this Division;

Commonwealth Act means the Marriage Act 1961 of the Commonwealth, and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act;

Commonwealth Regulations means the regulations made, and in force for the time being, under the Commonwealth Act ;

legitimated person means –

(a) a person (whether born before or after the appointed day and whether the person is living or dead) –

(i) whose parents were not married to each other at the time of his birth but subsequently married each other, whether before or after the appointed day; and

(ii) who, under section eighty-nine or section ninety of the Commonwealth Act , is the legitimate child of his parents by virtue of the marriage; or

(b) a person (whether born before or after the appointed day and whether the person is living or dead) –

(i) who is the child of a void marriage; and

(ii) who is the legitimate child of his parents by virtue of section ninety-one of the Commonwealth Act ;

prescribed legitimation information means such of the information with respect to the legitimation of a person that is required or authorized by the Commonwealth Regulations to be given to a registering authority as is appropriate in the circumstances;

registering authority means a registering authority within the meaning of the Commonwealth Regulations.

22B.   Recording of legitimations and re-registration of birth

[Section 22B Substituted by No. 58 of 1968, s. 15 ]

(1)  Where by the operation of a provision of the Commonwealth Act the legitimation is effected of a person –

(a) whose birth is registered under this Act; or

(b) who was born in this State but whose birth is not registered under this Act –

and the prescribed legitimation information is furnished to the Registrar-General, together with such other information, if any, as the Registrar-General may require to establish to his satisfaction that the person to whom the prescribed legitimation information relates is a legitimated person and that the information is correct, the Registrar-General shall direct a registrar to record the fact of the legitimation and, notwithstanding anything to the contrary in this Act, re-register or, as the case may be, register the birth in the register kept by that registrar, and the registrar shall comply with the direction.

(2)  Subsection (1) of this section does not require the Registrar-General to direct the re-registration of the birth of a person –

(a) if the birth of the person has been registered pursuant to section five of the Legitimation Act 1905 ;

(b) if the birth of the person has previously been re-registered in accordance with this Division; or

(c) if the birth of the person is registered under this Act as if the person were, at the time of his birth, the legitimate child of his parents.

22C.   

[Section 22C Repealed by No. 58 of 1968, s. 15 ].  .  .  .  .  .  .  .  

22D.   Issue of copies of or extracts from entries relating to re-registered births

[Section 22D Inserted by No. 16 of 1963, s. 3 ]Where the birth of a person has been re-registered pursuant to section twenty-two B , the Registrar-General or any other registrar shall not issue to that person or to any other person a copy of or an extract from the original entry of the birth unless the Registrar-General is satisfied that the copy or extract is properly required as evidence of a fact of which a copy of, or extract from, the entry of the birth made pursuant to that section would not be evidence.

22E.   Power of Registrar-General to give directions to registrars

[Section 22E Inserted by No. 16 of 1963, s. 3 ]The Registrar-General may issue to registrars of births and deaths, either generally or in particular cases, such directions and instructions as he may think desirable for the purpose of ensuring compliance with the provisions of, or the due administration of, this Division.

Division III - .  .  .  .  .  .  .  .  

[Part II, Div. III  Repealed by No. 41 of 1988, s. 121 and Sched. 1 ]

22F.   

[Section 22F Repealed by No. 41 of 1988, s. 121 and Sched. 1 ].  .  .  .  .  .  .  .  

22G.   

[Section 22G Repealed by No. 41 of 1988, s. 121 and Sched. 1 ].  .  .  .  .  .  .  .  

22H.   

[Section 22H Repealed by No. 41 of 1988, s. 121 and Sched. 1 ].  .  .  .  .  .  .  .  

PART III - [Part III Heading inserted by No. 46 of 1966, s. 3 ]Registration of Deaths

23.   Particulars of death to be given to registrar

[Section 23 Substituted by No. 58 of 1968, s. 17 ]

(1)  Subject to this section, in the case of the death of a person it is the duty of –

(a) the undertaker having charge of the funeral;

(b) each person present at the death or in attendance during the last illness of the dead person;

(c) the occupier of the premises in which the death occurred; and

(d) the person lawfully in possession of the dead body within the meaning of the Anatomy Act 1964 –

not later than seven days after the day of the death, to give information in the prescribed form to the registrar of the district, according to the best of his knowledge and belief, concerning the death.

(2)  If any of the persons who are required by this section to give to the registrar information relating to a death do so, no penalty shall be imposed on the remainder of those persons for not having given the information relating to that death.

(3)  [Section 23 Subsection (3) substituted by No. 74 of 1995, s. 3 and Sched. 1 ]None of the persons referred to in subsection (1) of this section is required to give the information referred to therein in any case where information as to the death of a person has been given to a registrar by a coroner.

(4)  [Section 23 Subsection (4) omitted by No. 58 of 1968, s. 17 ].  .  .  .  .  .  .  .  

(5)  [Section 23 Subsection (5) omitted by No. 58 of 1968, s. 17 ].  .  .  .  .  .  .  .  

24.   

[Section 24 Repealed by No. 58 of 1968, s. 17 ].  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 58 of 1968, s. 17 ].  .  .  .  .  .  .  .  

26.   

[Section 26 Repealed by No. 58 of 1968, s. 17 ].  .  .  .  .  .  .  .  

27.   Power of registrar to summon qualified informant to personally attend to give information

[Section 27 Amended by 25 Geo. V No. 78 ][Section 27 Amended by No. 58 of 1968, s. 18 ]

(1)  When from the default of the persons required to give information any death has not been registered, the registrar may at any time after the expiration of eight days and within twelve months from the day of such death, by notice in writing, require any person required by this Act to give information concerning such death to attend personally at the registrar's office or at any other place appointed by the registrar within his district, within such time (not less than seven days after the receipt of the notice, nor more than twelve months after the death or finding of the dead body) as may be specified in the notice, and to give the said information to the best of the informant's knowledge and belief.

(2)  It shall be the duty of such person, unless the death is registered before the expiration of the time specified in the requisition, to comply with the requisition.

28.   

[Section 28 Repealed by No. 58 of 1968, s. 19 ].  .  .  .  .  .  .  .  

29.   Death not to be registered after twelve months

[Section 29 Amended by 25 Geo. V No. 78 ]

(1)  Except as otherwise expressly provided, after the expiration of twelve months next after death or after the finding of any dead body, that death shall not be registered.

(2)  [Section 29 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person who knowingly registers or causes to be registered any death in contravention of this section shall be liable to a fine not exceeding 5 penalty units.

PART IV - [Part IV Heading inserted by No. 16 of 1963, s. 5 ][Part IV Heading amended by No. 46 of 1966, s. 4 ]Certificates of Death and Burial

30.   Certificate of death to be issued to informant, &c., to be delivered to person officiating at burial, &c.

[Section 30 Amended by 4 Geo. V No. 38, s. 2 ][Section 30 Amended by 25 Geo. V No. 78 ]

(1)  Every registrar, immediately upon registering any death, or as soon thereafter as he shall be required so to do, shall without fee or reward deliver to the person giving information, or to the undertaker or other person having charge of the funeral, a certificate under his hand in form VI in the second schedule , that such death has been duly registered; and such certificate shall be delivered by such undertaker or other person to the minister or officiating person, who shall be required to bury or perform any funeral or religious service, for or at the burial.

(2)  If any dead body shall be buried for which no certificate shall have been so delivered, the undertaker or other person acting in that capacity, or in default of this functionary the superintendent or person in charge of the cemetery, or the person who shall bury the same or perform any funeral or religious service for or at the burial, or who shall in any other way dispose of the body, shall, within seven days, give notice thereof in writing, in form VII in the second schedule , to the registrar.

(3)  [Section 30 Subsection (3) substituted by No. 58 of 1968, s. 20 ][Section 30 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]The superintendent or person in charge of a crematorium shall, on or before the seventh day of each month, deliver to the Registrar-General a report in the prescribed form in relation to all bodies that were cremated at that crematorium during the immediately preceding period of one month.

Penalty:  Fine not exceeding 10 penalty units.

31.   Penalty for failure to deliver certificate

[Section 31 Amended by 4 Geo. V No. 38, s. 2 ][Section 31 Amended by 25 Geo. V No. 78 ][Section 31 Amended by No. 10 of 1973, s. 3 ][Section 31 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person to whom such certificate of the registrar was given who fails to deliver it as aforesaid, shall be liable to a fine not exceeding 1 penalty unit.

32.   Penalty for burial, &c., without certificate of death

[Section 32 Amended by 25 Geo. V No. 78 ][Section 32 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person who shall bury, or perform any funeral or religious service for or at the burial of, any dead body, or shall in any other way dispose of a dead body, for which no certificate shall have been duly made and delivered as aforesaid, either by the registrar or by the coroner holding an inquest on the body, and who shall not, within seven days, give or forward a written notice thereof, in form VII in the second schedule , to the registrar of the district, shall be liable to a fine not exceeding 10 penalty units.

33.   Burial of deceased child as still-born

[Section 33 Amended by 25 Geo. V No. 78 ][Section 33 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  No person shall wilfully bury or procure to be buried the body of any deceased child as if it were still-born.

(2)  [Section 33 Subsection (2) amended by No. 55 of 1965, s. 5 ]Any person who has control over or ordinarily buries bodies in any burial-ground, or any person in charge of a burial-ground for the time being, shall not permit to be buried in such burial-ground the body of any deceased child as if it were still-born, and shall not permit to be buried, or bury, in such burial-ground any still-born child before there is delivered to him, either –

(a) a written certificate that such child was not born alive, signed by a medical practitioner who was in attendance at the birth or has examined the body of such child;

(b) a declaration signed by some person who would, if the child had been born alive, have been required by this Act to give information concerning the birth, to the effect that no medical practitioner was present at the birth, or that his certificate cannot be obtained, and that the child was not born alive; or

(c) an order of the coroner holding an inquest on the body of the child.

Penalty:  Fine not exceeding 20 penalty units.

34.   Certificate of cause of death

[Section 34 Amended by 25 Geo. V No. 78 ][Section 34 Amended by No. 74 of 1995, s. 3 and Sched. 1 ][Section 34 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 34 Subsection (1) amended by 9 Geo. VI No. 23, s. 4 ][Section 34 Subsection (1) amended by No. 58 of 1968, s. 21 ]Subject to this section, in the case of the death of any person who has been attended during his last illness by a medical practitioner, such practitioner if able to certify that such death was due to natural causes, shall, within twenty-four hours after the death occurs, free of charge, sign, and give to some person required by this Act to give information concerning the death, a certificate, on the printed form to be supplied for that purpose by the Registrar-General, stating, to the best of his knowledge and belief, the cause of death, both secondary and primary, and such person shall, upon giving information concerning the death, deliver that certificate to the registrar.

(2)  [Section 34 Subsection (2) substituted by No. 58 of 1968, s. 21 ][Section 34 Subsection (2) amended by No. 74 of 1995, s. 3 and Sched. 1 ]Where, pursuant to section 20 of the Coroners Act 1995 , an inquest is required to be held into the death of any person, a medical practitioner who is required, under subsection (1) of this section, to sign a certificate in respect of that death, shall, instead of giving that certificate as required by that subsection, give the certificate to a coroner, a justice, or a police officer.

(3)  [Section 34 Subsection (3) inserted by No. 58 of 1968, s. 21 ]A justice or a police officer who receives a certificate under subsection (2) of this section shall deliver the certificate to a coroner.

(4)  [Section 34 Subsection (4) inserted by No. 58 of 1968, s. 21 ][Section 34 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A medical practitioner who –

(a) refuses or fails to sign or give a certificate in accordance with subsection (1) or subsection (2) of this section;

(b) signs or gives such a certificate that is false or misleading in a material particular as to which he has knowledge; or

(c) knowingly makes a false statement in such a certificate –

is liable to a fine not exceeding 10 penalty units.

(5)  [Section 34 Subsection (5) inserted by No. 58 of 1968, s. 21 ][Section 34 Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person to whom a certificate by a medical practitioner is given under subsection (1) of this section who fails to deliver the certificate to the registrar is liable to a fine not exceeding 5 penalty units.

34A.   

[Section 34A Repealed by No. 31 of 1994, s. 21 ].  .  .  .  .  .  .  .  [Section 34A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

34B.   Death not to be registered without certificate of cause of death

[Section 34B Inserted by No. 58 of 1968, s. 22 ][Section 34B Amended by No. 74 of 1995, s. 3 and Sched. 1 ]Except where information as to cause of death has been provided by a coroner, a registrar shall not register a death unless there has been produced to him in relation to the deceased person such a certificate as is referred to in subsection (1) of section thirty-four.

PART V - [Part V Heading inserted by No. 16 of 1963, s. 5 ][Part V Heading amended by No. 46 of 1966, s. 5 ]Miscellaneous

35.   Power of judge to order registrar to register death at any time thereafter and in manner directed

[Section 35 Substituted by 6 Edw. VII No. 8, s. 3 ][Section 35 Amended by 25 Geo. V No. 78 ][Section 35 Amended by 9 Geo. VI No. 23, s. 5 ][Section 35 Amended by No. 82 of 1957, s. 8 ]

(1)  A judge in chambers in any case in which it shall be made to appear to him that it is expedient that the death of any person should be registered at any time after such death, may order the registrar to register the death in the manner provided by this Act, or in such other manner as the judge may direct.

(2)  The registrar is hereby empowered and required, on payment of the prescribed fee, to register the death pursuant to any such order as aforesaid.

35A.   Power of police magistrate to order registration of birth at any time thereafter, or addition of baptismal name, &c., on register

[Section 35A Inserted by 9 Geo. VI No. 23, s. 6 ]

(1)  A police magistrate may, in any case in which he is satisfied that it is expedient that the birth of any person should be registered at any time after such birth, order the registrar to register the birth in the manner provided by this Act, or in such other manner as the police magistrate may direct.

(2)  In any case in which a police magistrate is satisfied that the birth of any person has (whether before or after the commencement of this section) been registered without any name, he may, if he is satisfied that it is desirable so to do, order the registrar to add to the register of the original entry, in the manner provided by this Act –

(a) any name which it is proved to the satisfaction of the magistrate has been given to that person in baptism; or

(b) if the person has not been given a name in baptism (but not otherwise), any name by which that person has been commonly known since his birth, or such other name as the police magistrate, in any particular case, may order.

(3)  The registrar is hereby empowered and required, upon payment of the prescribed fee, to register the birth of any person, or, as the case may be, to add to the register of the original entry any name directed to be so added, in pursuance of any order under this section.

(4)  [Section 35A Subsection (4) added by 10 Geo. VI No. 9, s. 2 ]Any evidence in proof of or concerning any act, matter or thing which may be required by a police magistrate for the purposes of this section may be given either orally or by affidavit, as the magistrate may direct.

36.   Correction of errors in register

[Section 36 Amended by 25 Geo. V No. 78 ]

(1)  No alteration in any register of births and deaths shall be made, except as herein provided.

(2)  [Section 36 Subsection (2) substituted by No. 58 of 1968, s. 23 ]If the Registrar-General is satisfied, whether by statutory declaration or otherwise, that any particular in an entry in a register or record kept under this Act is incorrect, he may –

(a) direct a correction of the entry to be made in such manner as he specifies; and

(b) if a copy of the entry to be corrected is a copy that has been transmitted to the Registrar-General pursuant to section thirteen , correct that copy.

(3)  [Section 36 Subsection (3) substituted by No. 58 of 1968, s. 23 ]A correction made pursuant to subsection (2) of this section shall be made by ruling through the incorrect matter, but not so as to render it illegible, and by substituting the correct particulars, and the date on which the correction is made shall be set out beside the correction and initialled by the registrar or the Registrar-General.

(4)  [Section 36 Subsection (4) inserted by No. 58 of 1968, s. 23 ]The Registrar-General, in his discretion, may instead of directing a correction of an entry direct that that entry be cancelled and a new entry in such form as he directs be made in lieu thereof, and, if a copy of that entry has been transmitted to the Registrar-General under section thirteen , he shall cancel that copy and, in lieu thereof, cause a copy of the new entry to be made.

(5)  [Section 36 Subsection (5) inserted by No. 58 of 1968, s. 23 ]If it is proved to the satisfaction of the Registrar-General that an entry in a register is false or has been illegally made, he may, with the approval of the Attorney-General –

(a) direct the registrar who has the custody of the register in which that false or illegal entry is recorded to cancel that entry; and

(b) cancel that entry in his records.

(6)  [Section 36 Subsection (6) inserted by No. 58 of 1968, s. 23 ][Section 34 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who fails to comply with a direction given to him under this section is guilty of an offence.

Penalty:  Fine not exceeding 5 penalty units.

36A.   Change of name

[Section 36A Substituted by No. 58 of 1968, s. 4 ]

(1)  [Section 36A Subsection (1) amended by No. 41 of 1988, s. 121 and Sched. 1 ]Where a person produces to the Registrar-General –

(a) a certified copy of an entry in a register of births relating to that person's birth or of an entry in relation to that person in the special record;

(b) such other evidence as, in the opinion of the Registrar-General, is sufficient to establish that that person –

(i) is the person to whom that entry relates; and

(ii) is currently using names other than those shown in that entry; and

(c) an application in the prescribed form –

the Registrar-General may, on payment of the prescribed fee, cause to be made on the relevant entry and on the certified copy a note showing the names so used by that person and the date on which that note is made.

(2)  Subject to subsection (3) of this section, a decision by the Registrar-General as to whether any evidence produced to him is sufficient for the purposes of this section is final and conclusive.

(3)  [Section 36A Subsection (3) added by No. 10 of 1973, s. 4 ]For the purposes of sub-paragraph (ii) of paragraph (b) of subsection (1) of this section, the registration of a deed poll under this Act shall be deemed to be evidence that the person making the deed poll is currently using the names, other than the names appearing in the entry referred to in that section, set out in the deed poll.

36B.   Registration of deed poll for publishing change of name

[Section 36B Inserted by No. 10 of 1973, s. 5 ][Section 36B Amended by No. 109 of 1987, s. 7 ]

(1)  Subject to this Act, the Registrar-General shall on payment of the prescribed fee register a deed poll in the prescribed form in which a change in the name of the person in respect of whom the deed poll was executed, being (subject to sections 36D , 36DA , 36DB , 36E , or 36F ) a person who has attained his majority, is published.

(2)  For the purposes of this Part a change in the name of a person means a change in the surname or the forename, or both the surname and the forename, and the addition of a forename to an existing forename.

36C.   Husband and wife may join in deed poll

[Section 36C Inserted by No. 10 of 1973, s. 5 ]A husband and wife may join in executing a deed poll which (whether or not it publishes a change in a forename) publishes a change in the surname of one of them to the same surname as that of the other, or changes the surname of both of them to the same surname.

36D.   Change of names of minor and parents

[Section 36D Inserted by No. 10 of 1973, s. 5 ]Subject to section thirty-six G , a husband and wife, being the natural or adoptive parents of a minor of whom they have lawful custody, who jointly execute a deed poll publishing a change of the surname of one or both of them may, in the same deed poll, publish a change of the surname of that minor to the same surname as that adopted by them or either of them (as the case may be) in the deed poll.

36DA.   Parent with lawful custody may change name of minor

[Section 36DA Inserted by No. 109 of 1987, s. 8 ]Subject to section 36G , a parent, being the natural or adoptive parent of a minor of whom the parent has lawful custody, may execute a deed poll which (whether or not it publishes a change in a forename) publishes a change in the surname of that minor.

36DB.   Parent with lawful custody may change own name and name of minor

[Section 36DB Inserted by No. 109 of 1987, s. 8 ]Subject to section 36G , a parent, being the natural or adoptive parent of a minor of whom the parent has lawful custody, who executes a deed poll recording a change of his surname may, in the same deed poll, (whether or not it publishes a change in a forename) record a change in the surname of the minor to the same surname as that adopted by him in the deed poll.

36E.   Change of names of minor and surviving parent

[Section 36E Inserted by No. 10 of 1973, s. 5 ]Subject to section thirty-six G , a surviving parent, being the natural or adoptive parent of a minor of whom he has lawful custody, who executes a deed poll recording a change of his surname may, in the same deed poll, record a change in the surname of that minor to the same surname as that adopted by him in the deed poll.

36F.   Change of names of minor and parent

[Section 36F Inserted by No. 10 of 1973, s. 5 ][Section 36F Amended by No. 109 of 1987, s. 9 ]Subject to section thirty-six G , a woman, being the natural mother of a minor who is an exnuptial child of whom she has lawful custody, who executes a deed poll recording a change of her surname may, in the same deed poll, record a change in the surname of that minor to the same surname as that adopted by her in the deed poll.

36G.   Restrictions on change of name of minor

[Section 36G Inserted by No. 10 of 1973, s. 5 ][Section 36G Amended by No. 109 of 1987, s. 10 ]For the purposes of sections 36D , 36DA , 36DB , 36E , and 36F , before registration of the deed poll, the Registrar-General shall, where the age of the minor exceeds fifteen years, require an endorsement on the deed poll of his assent to the registration of that deed poll in which the change of his name is published.

36H.   Restriction on change of forename of minor

[Section 36H Inserted by No. 10 of 1973, s. 5 ]A deed poll lodged for registration under this Part in which a change of the surname of a minor is published may also contain publication of a change in the forename of that minor but, except as provided in this section, a deed poll in which a change of the forename of a minor is published shall not be accepted for registration under this Act.

36J.   Offensive names

[Section 36J Inserted by No. 10 of 1973, s. 5 ]

(1)  Notwithstanding subsection (1) of section thirty-six B, the Registrar-General shall refuse to register a deed poll recording a change of name to a name which, in his opinion, is obscene or blasphemous, or calculated to cause offence to any person.

(2)  Where under this section the Registrar-General refuses to register a deed poll he shall forthwith give notice by post of that refusal to the person executing the deed poll.

(3)  At any time within twenty-one days of notification thereof, or such further time as the Master of the Supreme Court may allow, the person executing the deed poll of which registration has been refused under this section may appeal to the Master of the Supreme Court against that refusal on the ground that the opinion of the Registrar-General is unreasonable.

(4)  Upon the determination of an appeal under this section the Master of the Supreme Court –

(a) if he is satisfied that the opinion of the Registrar-General is unreasonable in the circumstances, may make an order that the deed poll the subject of the appeal be registered forthwith; or

(b) if he is not so satisfied, may refuse to make that order.

(5)  Where an order is made under paragraph (a) of subsection (4) of this section –

(a) the Master of the Supreme Court shall cause a copy of the order to be served on the Registrar-General; and

(b) the Registrar-General shall register the deed poll that is the subject of the order accordingly.

(6)  A decision of the Master of the Supreme Court under this section shall not be challenged, reviewed, quashed, or called in question before any court or in any legal proceedings, or restrained, removed, or otherwise affected by prohibition, mandamus, certiorari, or otherwise.

37.   Indexes, searches, certificates, &c.

[Section 37 Substituted by 17 Geo. V No. 9, s. 2 ]

(1)  The Registrar-General and all other registrars shall cause indexes to be made of all entries in the register books in their respective offices, and shall keep the same with the other records in such offices.

(2)  [Section 37 Subsection (2) amended by 25 Geo. V No. 78 ][Section 37 Subsection (2) amended by No. 82 of 1957, s. 9 ][Section 37 Subsection (2) amended by No. 58 of 1968, s. 25 ][Section 37 Subsection (2) amended by No. 19 of 1985, s. 7 ][Section 37 Subsection (2) amended by No. 41 of 1988, s. 121 and Sched. 1 ]Subject to subsection (3) of this section, any person shall be entitled, at any time when the office of any such registrar is required to be open, and upon payment of the prescribed fee, to have a search made in any such index or register book, or in the special record, in such office, and, upon production of essential information, to have a copy of any entries therein certified under the hand of the Registrar-General or registrar, as the case may be.

(2A)  [Section 37 Subsection (2A) inserted by No. 19 of 1985, s. 7 ][Section 37 Subsection (2A) amended by No. 41 of 1988, s. 121 and Sched. 1 ]For the purposes of certifying a copy of any entry in any index or register book or in the special record, the Registrar-General, or any person authorized by the Registrar-General, may attach a facsimile of the signature of the Registrar-General to copies of any entries in any index, register book, or the special record and the facsimile so attached has the same force and effect as if the Registrar-General had personally signed his name in the place of the facsimile signature, and all courts and judges shall take judicial notice of the facsimile signature of the Registrar-General and shall presume that it is properly attached.

(3)  [Section 37 Subsection (3) inserted by No. 58 of 1968, s. 25 ][Section 37 Subsection (3) amended by No. 19 of 1985, s. 7 ][Section 37 Subsection (3) amended by No. 41 of 1988, s. 121 and Sched. 1 ]The Registrar-General may, if he thinks fit, require a person seeking to have a search made in any index or register book referred to in subsection (2) of this section or in the special record or applying for the issue of a copy of or extract of or from any entry in that index, register, or record to disclose the reasons for the search or application and any other relevant matters, and if the Registrar-General is of the opinion that the search is required for improper reasons or that that person has no proper reason for requiring the search to be made or for requiring that copy or extract he may, unless he is otherwise directed by the Minister, refuse to make the search or issue the copy or extract.

(4)  [Section 37 Subsection (4) inserted by No. 41 of 1988, s. 121 and Sched. 1 ]This section has effect subject to the Adoption Act 1988 .

38.   Certificate for public purpose free

[Section 38 Amended by 25 Geo. V No. 78 ]Any certificate required by any Government department or the Registrar-General for public purposes may be issued free of charge.

39.   

[Section 39 Repealed by No. 82 of 1957, s. 2 ].  .  .  .  .  .  .  .  

40.   Penalty for refusing or neglecting to give information

[Section 40 Renumbered by 25 Geo. V No. 78 ][Section 40 Amended by No. 55 of 1965, s. 5 ]Every person who shall offend against this Act by refusing or neglecting to give any notice or information required by this Act shall be liable to a penalty of $20, except when otherwise specially provided.

41.   Penalty on registrars in certain cases

[Section 41 Renumbered by 25 Geo. V No. 78 ][Section 41 Amended by No. 16 of 1963, s. 4 ][Section 41 Amended by No. 58 of 1968, s. 26 ][Section 41 Amended by No. 41 of 1988, s. 121 and Sched. 1 ][Section 41 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No –

(a) registrar shall refuse, or, without reasonable cause, omit to register any birth of which he shall have had due notice and information as aforesaid, or shall fail to comply with any directions or instructions issued by the Registrar-General pursuant to section 22E of this Act or section 70 of the Adoption Act 1988 and that are applicable to the registrar;

(b) person having the custody of any register book or certified copy thereof, or of any part thereof, shall negligently lose or injure the same, or negligently allow the same to be injured whilst in his keeping.

Penalty:  Fine not exceeding 5 penalty units.

42.   Punishment for false statements for registration

[Section 42 Renumbered by 25 Geo. V No. 78 ][Section 42 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person who shall wilfully make or cause to be made, for the purpose of being inserted in any register book of births or deaths, any false statement touching any of the particulars required to be known and registered under the provisions of this Act, shall be liable to a fine not exceeding 20 penalty units.

43.   Recovery of penalties

[Section 43 Renumbered by 25 Geo. V No. 78 ]All fines, forfeitures, and penalties by this Act imposed shall be recovered upon the complaint of any person duly authorized in writing by the Registrar-General.

44.   

[Section 44 Repealed by No. 82 of 1957, s. 2 ].  .  .  .  .  .  .  .  

45.   

[Section 45 Repealed by No. 82 of 1957, s. 2 ].  .  .  .  .  .  .  .  

46.   Books containing entries of births and deaths prior to the Registration Act 1838 , to be sent to Registrar-General

[Section 46 Renumbered by 25 Geo. V No. 78 ]

(1)  All persons having the custody of any book or writing containing entries of births or deaths registered under the provisions of any Act or ordinance in force for the registration of births and deaths prior to the Registration Act 1838 being brought into operation, shall forward such book or writing to the Registrar-General, who shall cause indexes of the same to be made, and shall safely keep such books, writings, and indexes among the other records of births and deaths in his office.

(2)  Certified copies of any entry contained in any such book or writing may be made or given in like manner as other certified copies may be made or given under this Act, and the provisions of section forty-two shall extend and apply to the matters in this section provided for.

47.   Registration of deaths on war service

[Section 47 Added by 4 Geo. VI No. 19, s. 2 ]

(1)  For the purposes of this section any person who is engaged on service outside this State –

(a) in the naval, military, or air services of the Commonwealth, or of His Majesty, during any period when a state of war exists between the Commonwealth and any other country; or

(b) in any work, in connection with such war, of any Red Cross Society, or Ambulance Association, or any other body with similar objects –

shall be deemed to be on war service.

(2)  [Section 47 Subsection (2) amended by 4 Geo. VI No. 48, s. 2 ]Upon the application of any person and upon production of a certificate in the prescribed form, purporting to be signed by the officer in charge of the base records of the relevant branch of the Defence Forces, certifying that any person therein named has died while on war service, the Registrar-General or any registrar may register, as prescribed, the death of the person so certified to have died, notwithstanding that such death may have occurred more than twelve months prior to such registration.

(3)  The person applying for such registration shall supply, to the best of his knowledge and belief, the several particulars required for the purposes of form VII in the second schedule , but, if any such particulars cannot be supplied by him, the death may be registered without such particulars.

48.   Regulations

[Section 48 Added by No. 82 of 1957, s. 10 ]

(1)  The Governor may make regulations under this Act.

(2)  [Section 48 Subsection (2) amended by No. 10 of 1973, s. 6 ]Without prejudice to the generality of the provisions of subsection (1) of this section, the regulations may –

(a) alter all or any of the forms set forth in the second schedule , or prescribe new forms in lieu of any of those forms or new forms generally for any of the purposes of this Act or require any such form to be in the form of, and to have the same effect as, a statutory declaration;

(ab) require the substantiation by statutory declaration of all or any information given in a prescribed form which is not in the form of a statutory declaration;

(b) prescribe the fees to be paid in respect of matters under this Act;

(c) prescribe different fees in respect of general searches and particular searches, respectively; and

(d) amend or rescind any regulations made, before the commencement of the Registration of Births and Deaths Act 1957 , by the Registrar-General with the consent of the Governor.

(3)  In this section –

general search means a search –

(a) the object of which is not stated; or

(b) where to aid inquiry some essential particular relating to name, relationship, age, or locality is lacking;

particular search means a search –

(a) for a specific entry, where all essential particulars respecting an inquiry are available; and

(b) that involves a search in index books extending over a period not exceeding three years.

SCHEDULE 1 - Repeal

[Schedule 1 Amended by 25 Geo. V No. 78 ]

Section 2

SCHEDULE 2 - Forms

[Schedule 2 Form VIII omitted by No. 58 of 1968, s. 27 ][Schedule 2 Amended by 4 Geo. V No. 38, s. 2 ][Schedule 2 Amended by 25 Geo. V No. 78 ][Schedule 2 Amended by S.R. 1969, No. 214 ]

Form I

Section 12

Form II

Section 12

Form III

Section 18

Form IV

Section 20

Form V

Section 24

Form VI

Section 30 (1)

Form VII

Section 30 (2)

Form VIII