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Registration of Deaths Abroad Act 1984

Authoritative Version
  • - C2004A03033
  • In force - Superseded Version
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Act No. 169 of 1984 as made
An Act to provide for the registration of the deaths of Australian citizens who have died abroad and of certain other persons
Administered by: Foreign Affairs and Trade
Date of Assent 25 Oct 1984

Registration of Deaths Abroad Act 1984

No. 169 of 1984

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1.      Short title

2.      Commencement

3.      Interpretation

4.      Application of Act

5.      Registrar of Deaths Abroad

6.      Acting Registrar

7.      Register of Deaths Abroad

PART II—REGISTRATION OF DEATHS

8.      Deaths registrable under Act

9.      Certain disappearances to be taken to be deaths

10.      Applications for registration

11.      Form of application for registration

12.      Registration of death

13.      Registration of death on basis of knowledge of registering officer

14.      Registration prohibited in certain circumstances

15.      Method of registration

16.      Entries in Register

PART III—MISCELLANEOUS

17.      Registrar’s stamps

18.      Index

19.      Searches and copies

20.      Correction of errors in Register

21.      Correction of errors in Certificate of Death Abroad

TABLE OF PROVISIONS—continued

Section

22.      Cancellation of registration

23.      Evidence

24.      Offences

25.      Delegation by Minister

26.      Delegation by Registrar

27.      Review of decisions

28.      Regulations


 

 

Registration of Deaths Abroad Act 1984

No. 169 of 1984

 

 

 

 

An Act to provide for the registration of the deaths of Australian citizens who have died abroad and of certain other persons

[Assented to 25 October 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Registration of Deaths Abroad Act 1984.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“aircraft” includes any machine that can derive support in the atmosphere from the reactions of the air;

“appoint” includes re-appoint;

“Australian aircraft” means—

(a) an aircraft registered in Australia in accordance with the regulations under the Air Navigation Act 1920; or


(b) an aircraft belonging to an arm of the Defence Force of Australia;

“Australian flight”, in relation to a flying craft, means a flight by the flying craft—

(a) that commenced at a place in Australia or in an external Territory;

(b) that ended, or was intended to end, at a place in Australia or in an external Territory; or

(c) that otherwise involved, or was intended to involve, the flying craft landing at a place in Australia or in an external Territory;

“Australian ship” means—

(a) a ship registered under the Shipping Registration Act 1981; or

(b) a ship belonging to an arm of the Defence Force of Australia;

“Australian voyage”, in relation to a ship, means a voyage by the ship—

(a) that commenced at a place in Australia or in an external Territory;

(b) that ended, or was intended to end, at a place in Australia or in an external Territory; or

(c) that otherwise involved, or was intended to involve, the ship calling at a place in Australia or in an external Territory;

“Certificate of Death Abroad” means a Certificate of Death Abroad completed under section 15;

“flying craft” means—

(a) an aircraft; or

(b) a spacecraft;

“index” means the index kept in accordance with section 18;

“prescribed person” means a person who—

(a) is an Australian citizen;

(b) ordinarily resides in Australia or in an external Territory;

(c) is in receipt of a pension, allowance or benefit under the Social Security Act 1947; or

(d) is in receipt of a pension, allowance or benefit under the Repatriation Act 1920;

“Register” means the Register of Deaths Abroad kept in pursuance of section 7;

“registering officer” means—

(a) the Registrar;

(b) a person holding, or performing the duties of, any of the following offices (being an office of Australia) in a country or place outside Australia:

(i) Ambassador;

(ii) High Commissioner;

(iii) Minister;

(iv) Head of a Mission;

(v) Chargé d’Affairs;

(vi) Counsellor, Secretary or Attaché of an Embassy, High Commission, Legation or other post;

(vii) Consul-General;

(viii) Consul;

(ix) Vice-Consul;

(x) Honorary Consul-General;

(xi) Honorary Consul; or

(xii) Honorary Vice-Consul; or

(c) a person (including a person holding an office of a foreign country) authorized by, or on behalf of, the Government of Australia to be a consular representative of Australia in a country or place outside Australia;

“Registrar” means the Registrar of Deaths Abroad appointed under section 5;

“ship” means any kind of vessel capable of navigating the high seas and includes—

(a) a barge, lighter or other floating vessel;

(b) a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and

(c) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

(2) If a flight of a flying craft between 2 places forms part of a longer flight of the flying craft, that longer flight shall be deemed to be the flight of the flying craft for the purposes of this Act.

(3) If a voyage of a ship between 2 places forms part of a longer voyage of the ship, that longer voyage shall be deemed to be the voyage of the ship for the purposes of this Act.

(4) For the purposes of this Act, where a flying craft or ship has disappeared, persons on that flying craft or ship who, or whose bodies, have not been found shall be deemed to have disappeared from that flying craft while it was in flight or from that ship while it was at sea, as the case may be.

(5) A reference in this Act to a person does not include a reference to a child who was not born alive.

(6) A child shall be taken to have been born alive for the purposes of this Act if the child has breathed after having been completely expelled or extracted from the body of the mother of the child.

Application of Act

4. This Act applies both within and outside Australia and extends to every external Territory.

Registrar of Deaths Abroad

5. (1) For the purposes of this Act, there shall be a Registrar of Deaths Abroad, who shall be appointed by the Minister.

(2) The Minister shall not appoint a person to be the Registrar unless the person is an officer or employee within the meaning of the Public Service Act 1922.

(3) Where—

(a) there is a vacancy in the office of Registrar; and

(b) a person who is eligible for appointment as Registrar holds an office by virtue of which he is responsible for keeping a register of deaths under the law of the Australian Capital Territory,

the Minister shall appoint that person to be the Registrar.

(4) The Minister may at any time terminate the appointment of a person as Registrar.

(5) Subject to sub-section (6), the Registrar may at any time, by writing under his hand delivered to the Minister, resign his office.

(6) Sub-section (5) does not apply to a person who, in addition to holding office as Registrar, holds an office referred to in paragraph (3) (b).

Acting Registrar

6. (1) The Minister may appoint a person who is an officer or employee within the meaning of the Public Service Act 1922 to act as Registrar—

(a) during a vacancy in the office of Registrar; or

(b) during any period, or during all periods, when the Registrar is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3) The Minister may—

(a) determine the terms and conditions of appointment of a person acting as Registrar; and

(b) terminate such an appointment at any time.

(4) Where a person is acting as Registrar in accordance with paragraph (1) (b) and the office of Registrar becomes vacant while that person is so acting then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.


 

(5) The appointment of a person to act as Registrar ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

(6) While a person is acting as Registrar, he has and may exercise all the powers, and shall perform all the functions, of the Registrar and shall be deemed to be the Registrar for the purposes of the provisions of this Act, other than section 4 and this section.

(7) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.

Register of Deaths Abroad

7. (1) The Registrar shall keep at a place in the Australian Capital Territory approved by the Minister a register to be known as the Register of Deaths Abroad.

(2) The Register shall be kept in such form as the Minister directs.

PART II—REGISTRATION OF DEATHS

Deaths registrable under Act

8. (1) Subject to sub-section (2), the following deaths may be registered under this Act:

(a) the deaths of prescribed persons who have died otherwise than in a State or Territory;

(b) the deaths of persons who have died on board Australian aircraft;

(c) the deaths of persons who have died on board Australian ships;

(d) the deaths of persons who have died on board flying craft (other than Australian aircraft) on Australian flights;

(e) the deaths of persons who have died on board ships (other than Australian ships) on Australian voyages,

whether the deaths took place before or after the commencement of this Act.

(2) Sub-section (1) does not authorize the registration under this Act of—

(a) the death of a person whose identity is unknown;

(b) a death that may be registered under the law of a State or of a Territory; or

(c) the death of a person, other than a prescribed person, who died on board a flying craft, other than an Australian aircraft, or a ship, other than an Australian ship, and whose death may be registered under the law of a foreign country or of a part of a foreign country.

(3) Subject to paragraph (2) (c), a death may be registered under this Act notwithstanding that the death has been, or may be, registered under the law of a foreign country or of a part of a foreign country.


 

Certain disappearances to be taken to be deaths

9. (1) Where—

(a) a person has (whether before or after the commencement of this Act) disappeared from—

(i) an Australian aircraft while it was in flight;

(ii) an Australian ship while it was at sea;

(iii) a flying craft (other than an Australian aircraft) while it was in flight on an Australian flight; or

(iv) a ship (other than an Australian ship) while it was at sea on an Australian voyage; and

(b) a registering officer is satisfied beyond reasonable doubt that the person has died,

the person shall, for the purposes of this Act, be deemed to have died on board that flying craft or ship.

(2) The regulations—

(a) may provide that, for the purposes of this Act, a registering officer shall not be taken to be satisfied beyond reasonable doubt that a person who has disappeared as mentioned in paragraph (1) (a) has died unless he is satisfied as to specified matters in relation to the disappearance of the person; or

(b) may prescribe matters that are to be taken into account by a registering officer when deciding, for the purposes of this Act, whether he is satisfied beyond reasonable doubt that a person who has so disappeared has died.

Applications for registration

10. (1) Where—

(a) a person has, whether before or after the commencement of this Act, died otherwise than in circumstances mentioned in paragraph 9 (1) (a); and

(b) another person has reason to believe that the death may be registered under this Act,

that other person may make an application to a registering officer for the registration under this Act of the death.

(2) Where—

(a) a person has, whether before or after the commencement of this Act, disappeared as mentioned in paragraph 9 (1) (a); and

(b) another person has reason to believe that—

(i) a registering officer would be satisfied beyond reasonable doubt that the person who disappeared has died; and

(ii) the death of the person who disappeared may be registered under this Act,


 

that other person may make an application to a registering officer for the registration under this Act of the death.

Form of application for registration

11. (1) An application under sub-section 10 (1) or (2) for the registration of the death of a person—

(a) shall be in accordance with a prescribed form;

(b) shall be made in a prescribed manner;

(c) shall specify the name of, and set out any particulars necessary to identify, the person;

(d) shall set out the grounds on which the applicant knows the identity of the person;

(e) in the case of an application under sub-section 10 (1), shall set out such particulars of the time, date and cause of the death as are known to the applicant;

(f) in the case of an application under sub-section 10 (1) for the registration of a death that the applicant has reason to believe was the death of a prescribed person, shall—

(i) set out the grounds on which the applicant has reason to believe that the person was a prescribed person; and

(ii) specify the place at which the person died;

(g) in the case of an application under sub-section 10 (1) for the registration of a death that the applicant has reason to believe took place on board a flying craft or a ship (whether or not it was the death of a prescribed person), shall—

(i) set out particulars of the flying craft or ship on board which the person died;

(ii) specify the location of that flying craft or ship at the time when the person died; and

(iii) except in the case of an Australian aircraft or an Australian ship, set out particulars of the flight or voyage being made by that flying craft or ship at the time when the person died;

(h) in the case of an application under sub-section 10 (2), shall—

(i) set out such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant;

(ii) set out particulars of the flying craft or ship from which the person disappeared;

(iii) specify the location of that flying craft or ship at the time when that person disappeared;

(iv) except in the case of an Australian aircraft or an Australian ship, set out particulars of the flight or voyage being made by that flying craft or ship at the time when the person disappeared; and

(v) set out particulars of the grounds for believing that the person has died;

(j) where the person resided in a State or Territory at any time and the applicant knows an address, or addresses, at which the person resided in a State or Territory, shall specify that address or those addresses and set out such particulars of the period or periods at which the person resided at that address or each of those addresses as are known to the applicant;

(k) shall set out particulars of any other application for the registration of the death under this Act that are known to the applicant; and

(m) shall set out such other prescribed particulars (if any) as are known to the applicant.

(2) Without limiting the generality of paragraph (1) (m), regulations made for the purposes of that paragraph that prescribe particulars to be included in applications under sub-section 10 (1) or (2) may prescribe particulars for inclusion only in specified classes of applications or may prescribe different particulars for inclusion in different classes of applications.

(3) A person who makes an application referred to in sub-section (1) shall certify, in writing, at the foot of the application the correctness of the particulars included in the application.

Registration of death

12. (1) Subject to section 14, where—

(a) an application under sub-section 10 (1) is made to a registering officer for the registration of the death of a person; and

(b) the registering officer is satisfied that the death may be registered under this Act,

the registering officer shall register that death under this Act.

(2) Subject to section 14, where—

(a) an application under sub-section 10 (2) is made to a registering officer for the registration of the death of a person;

(b) the registering officer is satisfied that the person disappeared as mentioned in paragraph 9 (1) (a);

(c) the registering officer is satisfied beyond reasonable doubt that the person has died; and

(d) the registering officer is satisfied that the death of the person may be registered under this Act,

the registering officer shall register that death under this Act.

(3) Before registering a death, a registering officer may make such inquiries as he thinks fit to inform himself of the matters of which he is required to be satisfied before registering the death.


 

Registration of death on basis of knowledge of registering officer

13. Subject to section 14, where—

(a) a registering officer becomes aware, otherwise than by reason of an application under sub-section 10 (1), of the death of a person, not being a death that is deemed by paragraph 9 (1) (a) to have occurred on board a flying craft or ship; and

(b) the registering officer is satisfied that—

(i) the death is that of a prescribed person who died otherwise than in a State or Territory; and

(ii) the death may be registered under this Act,

the registering officer shall register that death under this Act.

Registration prohibited in certain circumstances

14. (1) A registering officer shall not register a death under this Act if he knows, or has reason to believe, that the death has already been registered under this Act.

(2) A registering officer, other than the Registrar, shall not register a death under this Act if he knows, or has reason to believe, that an application for the registration of the death under this Act has been refused by another registering officer.

Method of registration

15. (1) Where, under this Act, a registering officer is required to register the death of a person, he shall do so by completing a certificate in writing, to be known as a Certificate of Death Abroad, containing such of the particulars relating to the person, death or registering officer that are prescribed by the regulations for the purposes of this sub-section as are known to him.

(2) A Certificate of Death Abroad shall not be taken to have been completed by a registering officer unless and until he has signed the certificate and—

(a) in the case of the Registrar—has stamped the certificate with the stamp referred to in sub-section 17 (1); or

(b) in the case of a registering officer holding, or performing the duties of, an office which is referred to in paragraph (b) of the definition of “registering officer” in sub-section 3 (1) and in respect of which there is an official seal—has affixed that seal to the certificate.

(3) Where a death is registered on the application of a person under sub-section 10 (1) or (2), the registering officer shall make, and give to that person, a copy of the Certificate of Death Abroad relating to the death unless that person has informed him that he does not require a copy of the certificate.

(4) Where a registering officer completes a Certificate of Death Abroad, he shall make a copy of the certificate (in addition to any copy required to be made under sub-section (3)) and cause that copy to be retained at a place that is appropriate for the keeping of records made by him for the purposes of this Act.

(5) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may prescribe particulars for inclusion only in specified classes of Certificates of Death Abroad or may prescribe different particulars for inclusion in different classes of Certificates of Death Abroad.

Entries in Register

16. (1) Where, under section 15, a registering officer, other than the Registrar, completes a Certificate of Death Abroad, he shall send the certificate to the Registrar.

(2) Subject to sub-section (3), where the Registrar—

(a) receives a Certificate of Death Abroad sent to him under sub-section (1); or

(b) completes a Certificate of Death Abroad under section 15,

he shall enter, or cause to be entered, in the Register such of the particulars contained in the certificate as are required by the regulations to be entered.

(3) If, by reason of applications for the registration of a death having been made to registering officers in different places or otherwise, a particular death is registered under this Act, and Certificates of Death Abroad in relation to the death are completed, by more than one registering officer, the Registrar shall comply with sub-section (2) in relation to one only of those Certificates of Death Abroad.

(4) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may prescribe particulars to be entered only in specified classes of Certificates of Death Abroad or may prescribe different particulars to be entered in different classes of Certificates of Death Abroad.

PART III—MISCELLANEOUS

Registrar’s stamps

17. (1) The Registrar shall have an official stamp, the design of which shall be determined by the Minister.

(2) The Registrar shall sign, and stamp or cause to be stamped with the stamp referred to in sub-section (1), every certified copy or extract issued under sub-section 19 (3).

(3) The Registrar may have a stamp for affixing on documents marks that are facsimiles of his signature.

(4) Instead of signing his name on a document (including a Certificate of Death Abroad and an entry in the Register), or on a copy of, or an extract from, a document, in pursuance of, or for the purposes of, a provision of this Act, the Registrar may stamp the document, copy or extract with, or cause the document, copy or extract to be stamped with, the stamp referred to in sub-section (3), and the document, copy or extract shall then be deemed to have been signed by him.


 

(5) All courts and all persons acting judicially shall take judicial notice of the mark of a stamp referred to in this section appearing on a document or a copy of, or an extract from, a document and, in the absence of proof to the contrary, shall presume that it was affixed by proper authority.

Index

18. The Registrar shall keep an index of the entries in the Register.

Searches and copies

19. (1) A person may apply to the Registrar for—

(a) the making of a search in the index and the Register for an entry in the Register relating to a specified death;

(b) such a search and a copy of the relevant entry; or

(c) such a search and an extract from the relevant entry.

(2) An application under sub-section (1) shall—

(a) be in accordance with a form approved by the Registrar;

(b) be signed by the applicant;

(c) contain sufficient particulars to enable the relevant search to be made;

(d) specify the reason for which the search is required; and

(e) where the applicant applies for an entry or extract—specify the reason for which the entry or extract is required.

(3) Subject to sub-section (4), the Registrar shall, on receipt of an application made under sub-section (1) and of the relevant prescribed fee or fees, cause a search to be made for the relevant entry in the index and the Register and—

(a) if there is such an entry in the Register and the applicant did not apply for a copy of, or an extract from, the entry—issue to the applicant a notification of the result of the search;

(b) if there is such an entry in the Register and the applicant applied for a copy of, or an extract from, the entry—issue to the applicant a copy of, or an extract from, the entry, as the case may be, certified by the Registrar in accordance with the prescribed form; or

(c) if the search fails to locate such an entry—issue to the applicant a notification of the result of the search.

(4) Where the Registrar is of the opinion that an applicant under this section does not have a proper reason for requiring a search, copy or extract or requires a search, copy or extract for an improper reason, he may refuse to make the search, issue the copy or issue the extract, as the case requires.

(5) Where—

(a) on an application under sub-section (1), a person has paid both a fee for a search and a fee for the issue of a copy of, or an extract from, an entry in the Register; and


 

(b) the Registrar issues to that person a notification under paragraph (3) (c),

that person is entitled to have refunded to him the amount of the fee for the issue of the copy or extract.

Correction of errors in Register

20. (1) Subject to sub-section (4), where the Registrar is satisfied that there is an error or mis-statement in, or an omission from, any particulars entered in the Register, he may correct the Register by causing the true particulars, or the particulars omitted from the Register, as the case may be, to be entered in the Register on the page of the Register containing the entry in relation to the death to which the particulars relate.

(2) Where the Registrar causes particulars to be entered in the Register under sub-section (1), he shall sign his name immediately under the particulars and write the date on which those particulars were so entered.

(3) Where a person believes that there is an error or mis-statement in, or an omission from, any particulars entered in the Register, he may apply, in writing, to the Registrar for the correction in accordance with sub-section (1) of the Register in relation to those particulars, specifying the error, mis-statement or omission that he believes exists and the reasons for his belief.

(4) Where the Registrar intends to exercise his powers under sub-section (1) in respect of an entry in relation to a death, otherwise than on the application of the person who applied for the registration of the death, he shall, unless he is satisfied that it is impracticable to do so, give that person notice, in writing, of his intention specifying the particulars that he intends to cause to be entered in the Register and, where he gives such notice, he shall not cause those particulars to be entered in the Register unless and until he has considered any objection made by that person, within 14 days after the giving of the notice, to the entry of those particulars.

(5) Any failure by the Registrar to comply with the requirements of sub-section (4) shall not be taken to affect the validity of any entry of particulars in the Register under sub-section (1).

Correction of errors in Certificate of Death Abroad

21. (1) Subject to sub-section (4), where the Registrar is satisfied that there is an error or mis-statement in, or an omission from, any particulars entered in a Certificate of Death Abroad, he may correct the Certificate by causing the true particulars, or the particulars omitted from the Certificate, as the case may be, to be entered in the certificate.

(2) Where the Registrar causes particulars to be entered in a Certificate of Death Abroad under sub-section (1), he shall sign his name immediately under the particulars and write the date on which those particulars were so entered.

(3) Where a person believes that there is an error or mis-statement in, or an omission from, any particulars entered in a Certificate of Death Abroad, he


 

may apply, in writing, to the Registrar for the correction in accordance with sub-section (1) of the Certificate in relation to those particulars, specifying the error, mis-statement or omission that he believes exists and the reasons for his belief.

(4) Where the Registrar intends to exercise his powers under sub-section (1) in respect of a Certificate of Death Abroad, otherwise than on the application of the person who applied for the registration of the death to which the Certificate relates, he shall, unless he is satisfied that it is impracticable to do so, give that person notice in writing of his intention specifying the particulars that he intends to cause to be entered in the Certificate and, where he gives such notice, he shall not cause those particulars to be entered in the Certificate unless and until he has considered any objection made by that person, within 14 days after the giving of the notice, to the entry of those particulars.

(5) Any failure by the Registrar to comply with the requirements of sub-section (4) shall not be taken to affect the validity of any entry of particulars in a Certificate of Death Abroad under sub-section (1).

(6) Where the Registrar is satisfied that there is an error or mis-statement in, or an omission from, any particulars entered in a Certificate of Death Abroad, he may require the person who holds the Certificate to surrender the Certificate to him so that the Certificate may be corrected in accordance with sub-section (1) but, after the Registrar has corrected the Certificate, he shall return the Certificate to that person.

(7) A person who holds a Certificate of Death Abroad who is required by the Registrar under sub-section (6) to surrender the Certificate shall comply with the requirement.

Penalty: $500.

(8) In this section, “Certificate of Death Abroad” includes a copy of such a Certificate made by a registering officer under sub-section 15 (3) or (4).

Cancellation of registration

22. (1) Subject to sub-section (4), if the Registrar is satisfied that a death that has been registered under this Act has not occurred, he shall cancel the registration.

(2) The Registrar shall cancel the registration of a death under sub-section (1) by writing in the margin of the entry in the Register that relates to that death the words “Registration of death cancelled”, signing his name immediately under those words and adding the date on which the registration was cancelled.

(3) Where a person believes that a death that has been registered under this Act has not occurred, he may apply, in writing, to the Registrar for the cancellation in accordance with sub-section (1) of the registration of that death, specifying the reasons for his belief.


 

(4) Where the Registrar intends to exercise his powers under sub-section (1) in respect of the registration of a death, otherwise than on the application of the person who applied for the registration, he shall, unless he is satisfied that it is impracticable to do so, give that person notice in writing of his intention and, where he gives such notice, he shall not cancel the registration of that death unless and until he has considered any objection made by that person, within 14 days after the giving of the notice, to the cancellation of the registration.

(5) Any failure by the Registrar to comply with the requirements of sub-section (4) shall not be taken to affect the validity of any cancellation of the registration of a death.

(6) Where the registration of a death is cancelled under sub-section (1), the Certificate of Death Abroad, or the Certificates of Death Abroad, that relate to that death is or are void.

(7) Where the registration of a death is cancelled under sub-section (1), the Registrar may require any person holding a Certificate of Death Abroad that relates to that death to surrender the certificate to him.

(8) A person holding a Certificate of Death Abroad who is required by the Registrar under sub-section (7) to surrender that Certificate shall comply with the requirement.

Penalty: $500.

(9) In this section, “Certificate of Death Abroad” has the same meaning as it has in section 21.

Evidence

23. (1) The Register is prima facie evidence—

(a) of the facts recorded in it;

(b) that those facts were duly recorded; and

(c) that a death recorded in it was duly registered under this Act,

and is admissible in evidence without proof of the stamp or signature authenticating the Register or any entry in the Register or of the official character of the person appearing to have signed the Register or any entry in the Register.

(2) A copy of, or an extract from, an entry in the register, being a copy, or an extract, duly issued under section 19, is prima facie evidence—

(a) of the facts stated in the copy or extract;

(b) that those facts were duly recorded in the Register; and

(c) that the death which is recorded in the Register and to which the copy or extract relates was duly registered under this Act,

and a document purporting to be such a copy or extract shall, unless the contrary is proved, be deemed to be such a copy or extract and to have been duly issued.


 

(3) A Certificate of Death Abroad, not being a certificate that is void by reason of sub-section 22 (6), is prima facie evidence—

(a) of the facts stated in it; and

(b) that the death to which the certificate relates was duly registered under this Act,

and a document purporting to be a Certificate of Death Abroad shall, unless the contrary is proved, be deemed to be a valid Certificate of Death Abroad.

(4) In this section, “Certificate of Death Abroad” has the same meaning as it has in section 21.

Offences

24. (1) A person shall not make an application under sub-section 10 (1) or (2) that, to the knowledge of the person, contains information that is false or misleading in a material particular.

(2) A person shall not make to a registering officer who is making inquiries under sub-section 12 (3) a statement that, to the knowledge of the person, is false or misleading in a material particular.

(3) A registering officer shall not complete a Certificate of Death Abroad that, to the knowledge of the officer, contains information that is false or misleading in a material particular.

(4) A person shall not falsify or wilfully mutilate a Certificate of Death Abroad, a copy of a Certificate of Death Abroad, the Register, or a copy of, or extract from, an entry in the Register.

Penalty: $1,000.

Delegation by Minister

25. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the person holding or performing the duties of the office of Secretary to the Department all or any of his powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Delegation by Registrar

26. (1) The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person—

(a) who is an officer or employee within the meaning of the Public Service Act 1922; and

(b) who—

(i) performs duties in relation to the keeping of a register of deaths under the law of the Australian Capital Territory; or

(ii) has been approved by the Minister for the purposes of this section,

all or any of his powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Registrar.

(3) The delegation under this section does not prevent the exercise of a power by the Registrar.

Review of decisions

27. (1) An application may be made to the Administrative Appeals Tribunal for a review of—

(a) a decision of a registering officer to register, or refuse to register, a death under section 12;

(b) a decision of a registering officer to register a death under section 13;

(c) a refusal by the Registrar of an application made under sub-section 19 (1);

(d) a decision of the Registrar to cause particulars to be entered in the Register under sub-section 20 (1);

(e) a decision of the Registrar to cause particulars to be entered in a Certificate of a Death Abroad under sub-section 21 (1);

(f) a decision of the Registrar to cancel the registration of a death under sub-section 22 (2); or

(g) a refusal by the Registrar of an application made under sub-section 20 (3), 21 (3) or 22 (3).

(2) Where the Registrar, a delegate of the Registrar, or another registering officer makes a decision of a kind referred to in sub-section (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision shall not be taken to affect the validity of the decision.

(4) In this section, “decision” has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.

Regulations

28. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,

and, in particular, providing for the manner of giving notices under this Act.