REGISTRATION OF DEATHS ABROAD ACT 1984
- Updated as at 23 January 1995 (HISTACT CHAP 3399 #DATE 23:01:1995)
*1* The Registration of Deaths Abroad Act 1984 as shown in this reprint
comprises Act No. 169, 1984 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Registration of Deaths Abroad Act 1984
169, 1984 25 Oct 1984 1 Dec 1985 (See Gazette 1985,
No. S506)
Civil Aviation Act 1988
63, 1988 15 June 1988 Part III (ss. 17-32), s. 98,
Parts IX and X (ss. 99-103):
1 July 1988 (see Gazette
1988, No. S189)
Remainder: Royal Assent
S. 100
Social Security (Rewrite) Transition Act 1991
70, 1991 25 June 1991 (a) -
Student Assistance (Youth Training Allowance-Transitional
Provisions and Consequential Amendments) Act 1994
184, 1994 23 Dec 1994 1 Jan 1995: (b)
-
(a) "2. This Act commences immediately after the Social Security Act 1991
commences."
The Social Security Act 1991 came into operation on 1 July 1991.
(b) "2. This Act commences on 1 January 1995 immediately after the
commencement of the Student Assistnce (Youth Training Allowance) Amendment Act
1994."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 63, 1988; No. 70, 1991; No. 184, 1994
#ADD 31:1:1995
REGISTRATION OF DEATHS ABROAD ACT 1984 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
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
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 - LONG TITLE
SECT
An Act to provide for the registration of the deaths
of Australian citizens who have died abroad and of
certain other persons
REGISTRATION OF DEATHS ABROAD ACT 1984 - PART I
PART I - PRELIMINARY
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 1
Short title
SECT
1. This Act may be cited as the Registration of Deaths Abroad Act 1984.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 3
Interpretation
SECT
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 Civil
Aviation Regulations; 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; or
(b) ordinarily resides in Australia or in an external Territory; or
(c) is in receipt of a pension, allowance or benefit under the Social
Security Act 1991; or
(ca) is in receipt of a youth training allowance under Part 8 of the Student
and Youth Assistance Act 1973; 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) Charge d'Affairs;
(vi) Counsellor, Secretary or Attache 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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 4
Application of Act
SECT
4. This Act applies both within and outside Australia and extends to every
external Territory.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 5
Registrar of Deaths Abroad
SECT
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 subsection (6), the Registrar may at any time, by writing
under his hand delivered to the Minister, resign his office.
(6) Subsection (5) does not apply to a person who, in addition to holding
office as Registrar, holds an office referred to in paragraph (3) (b).
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 6
Acting Registrar
SECT
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 subsection (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 subsection (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
subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 7
Register of Deaths Abroad
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - PART II
PART II - REGISTRATION OF DEATHS
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 8
Deaths registrable under Act
SECT
8. (1) Subject to subsection (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) Subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 9
Certain disappearances to be taken to be deaths
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 10
Applications for registration
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 11
Form of application for registration
SECT
11. (1) An application under subsection 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 subsection 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 subsection 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 subsection 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 subsection 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 subsection 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 subsection (1) shall
certify, in writing, at the foot of the application the correctness of the
particulars included in the application.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 12
Registration of death
SECT
12. (1) Subject to section 14, where:
(a) an application under subsection 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 subsection 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 DEATHS ABROAD ACT 1984 - SECT 13
Registration of death on basis of knowledge of registering officer
SECT
13. Subject to section 14, where:
(a) a registering officer becomes aware, otherwise than by reason of an
application under subsection 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 OF DEATHS ABROAD ACT 1984 - SECT 14
Registration prohibited in certain circumstances
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 15
Method of registration
SECT
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 subsection 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 subsection 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 subsection 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
subsection 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 subsection (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 subsection (1), regulations made for
the purposes of that subsection 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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 16
Entries in Register
SECT
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 subsection (3), where the Registrar:
(a) receives a Certificate of Death Abroad sent to him under subsection (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 subsection (2) in relation to one
only of those Certificates of Death Abroad.
(4) Without limiting the generality of subsection (1), regulations made for
the purposes of that subsection 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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - PART III
PART III - MISCELLANEOUS
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 17
Registrar's stamps
SECT
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 subsection (1), every certified copy or extract issued
under subsection 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
subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 18
Index
SECT
18. The Registrar shall keep an index of the entries in the Register.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 19
Searches and copies
SECT
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 subsection (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 subsection (4), the Registrar shall, on receipt of an
application made under subsection (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 subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 20
Correction of errors in Register
SECT
20. (1) Subject to subsection (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 subsection (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 subsection (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 subsection (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
subsection (4) shall not be taken to affect the validity of any entry of
particulars in the Register under subsection (1).
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 21
Correction of errors in Certificate of Death Abroad
SECT
21. (1) Subject to subsection (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 subsection (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
subsection (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 subsection (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
subsection (4) shall not be taken to affect the validity of any entry of
particulars in a Certificate of Death Abroad under subsection (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
subsection (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 subsection (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 subsection 15 (3) or (4).
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 22
Cancellation of registration
SECT
22. (1) Subject to subsection (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 subsection
(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 subsection (1) of the registration of that
death, specifying the reasons for his belief.
(4) Where the Registrar intends to exercise his powers under subsection (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
subsection (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 subsection (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 subsection (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 subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 23
Evidence
SECT
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 subsection 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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 24
Offences
SECT
24. (1) A person shall not make an application under subsection 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 subsection 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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 25
Delegation by Minister
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 26
Delegation by Registrar
SECT
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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 27
Review of decisions
SECT
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 subsection 19
(1);
(d) a decision of the Registrar to cause particulars to be entered in the
Register under subsection 20 (1);
(e) a decision of the Registrar to cause particulars to be entered in a
Certificate of a Death Abroad under subsection 21 (1);
(f) a decision of the Registrar to cancel the registration of a death under
subsection 22 (2); or
(g) a refusal by the Registrar of an application made under subsection 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 subsection (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 subsection (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.
REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 28
Regulations
SECT
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.