Births, Deaths and Marriages Registration Act 1967 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
PART I
PRELIMINARY
Section
1. Short title
2. Commencement
3. Repeal
4. Arrangement of Act
5. Interpretation
PART II
ADMINISTRATION
6. Principal registrar
7. Office for keeping general register
8. Districts
9. District registrars
10. Administration of Act
11. Delegation
12. Requirements on furnishing particulars
PART III
REGISTRATION OF BIRTHS
14. Duty of occupier of premises to notify birth
15. Duty of parent
16. Duty of occupier where parent absent, dead, etc.
17. Registration of birth of children born at sea
18. Notification required where new-born child found exposed
19. Registration of illegitimate child
20. Registration in cases where birth not registered within prescribed time
21. Entry of child’s surname in register
PART IV
CHILDREN NOT BORN ALIVE
25. Duty of medical practitioner where child is not born alive
25.(5) | Transitional provisions re still births |
PART V
REGISTRATION OF MARRIAGES
26. Duty of principal registrar upon receipt of certificate of marriage
PART VI
REGISTRATION OF DEATHS
29. Notification of deaths
30. Notification of deaths on ships and planes
31. Late registration of death
32. Notification of finding of body
33. Notification of result of inquest inquiries
34. Coroner may order burial
35. Circumstances in which death may be registered
36. Death may be registered if cause of death unknown
37. Burials
38. Non-application to cremations
39. Duty of medical practitioner
40. Duty of undertaker after burial, etc.
PART VII
REGISTRATION OF DEATHS OF PERSONS DYING OUTSIDE THE STATE
WHILST ON WAR SERVICE
41. Definition of "war service"
42. Registration of persons dying on War Service
43. Sufficiency of certificate
44. Particulars and filing of certificate of registration
45. Application of other provisions of this Act
PART VIII
REGISTRATION OF DEATHS OF PERSONS DYING WITHIN THE STATE
WHILST ON WAR SERVICE OR DYING AT SEA
46. Continuance of war
47. Registration of deaths of members of armed forces
48. Registration of person dying at sea
49. Endorsement of certificate
50. Sufficiency of certificate
51. Particulars and filing of certificate of registration
52. Application of other provisions of this Act
PART IX
REGISTRATION OF CHANGES OF NAME
53. Change of name
54. The register
55. Notations to be made in registers
PART X
MISCELLANEOUS
66. Index to be kept
67. Certified copies to be evidence
68. Correction of errors
68a. | Registrar may refuse to enter certain names in a register |
69. | Forms |
70. | Duty to supply information |
71. | Penalties for failure to register |
72. | Penalty for burying body contrary to Act |
73. | Penalty for giving false information |
74. | Offences of registrars |
75. | Destruction, alteration or forgery of register |
76. | Regulations |
77. | Power to take declaration |
78. | Power to remit fees |
79. | Power to direct retention of fees |
80. | Summary proceedings |
SCHEDULES
APPENDIX 1
LEGISLATIVE HISTORY
APPENDIX 2
DIVISIONAL PENALTIES
being
Births, Deaths and Marriages Registration Act, 1967,
No. 16 of 1967 [Assented to 13 April, 1967]
as amended by
Births, Deaths and Marriages Registration Act Amendment Act, 1972, No. 1 of 1972 [Assented to 16 March 1972]
Statutes Amendment (Miscellaneous Metric Conversions) Act, 1975, No. 32 of 1975 [Assented to 3 April 1975]
Births, Deaths and Marriages Registration Act Amendment Act, 1975, No. 96 of 1975 [Assented to 20 November 1975]
Statutes Amendment (Change of Name) Act, 1980, No. 69 of 1980 [Assented to 13 November 1980]
Births, Deaths and Marriages Registration Act Amendment Act, 1988, No. 77 of 1988 [Assented to 1 December 1988]
1 Came into operation (except Part VII) 1 January 1968:
Gaz . 5 October 1967, p. 1623; Part VII came into operation 13 April 1967: s. 2.2 Came into operation 11 May 1972:
Gaz . 11 May 1972, p. 1759.3 Came into operation 15 January 1976:
Gaz . 15 January 1976, p. 174.4 Came into operation 29 January 1976:
Gaz . 29 January 1976, p. 356.5 Came into operation 1 July 1981:
Gaz . 25 June 1981, p. 1896.6 Came into operation 15 December 1988:
Gaz . 15 December 1988, p. 2009.
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
PART I
PRELIMINARY
1. This Act may be cited as theBirths, Deaths and Marriages Registration Act, 1967 .
4. This Act is arranged as follows:—PART I—PRELIMINARY
PART II—ADMINISTRATION
PART III—REGISTRATION OF BIRTHS
PART IV—CHILDREN NOT BORN ALIVE
PART V—REGISTRATION OF MARRIAGES
PART VI—REGISTRATION OF DEATHS
PART VII—REGISTRATION OF DEATHS OF PERSONS DYING OUTSIDE THE STATE
WHILST ON WAR SERVICE
PART VIII—REGISTRATION OF DEATHS OF PERSONS DYING WITHIN THE STATE WHILST ON WAR SERVICE OR DYING AT SEA
PART IX—REGISTRATION OF CHANGES OF NAME
PART X—MISCELLANEOUS
5. In this Act, unless the context otherwise requires—"Adoption of Children Act" means the
Adoption of Children Act, 1925-1943 , and any Act insubstitution therefor:
"assistant district registrar" means a person appointed to act as assistant district registrar in any
district:
"authorized celebrant" means an authorized celebrant as defined in the
Marriage Act 1961 , ofthe Commonwealth:
"child" when used without qualification means a child born alive. A child shall be deemed to
have been born alive if the child’s heart has beaten after the child has been completely expelled
or extracted from its mother:
"child not born alive" means a child whose heart has not beaten after its complete expulsion or
extraction from its mother and who is either—
where the period of its gestation is reliably ascertainable, a child of not less than twenty weeks gestation; | |
or | |
in any other case, a child weighing not less than four hundred grams at birth: |
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"deputy registrar" means the Deputy Registrar of Births, Deaths, and Marriages:
"district" means a district created under or continued by this Act:
"district registrar" means a district registrar of births, deaths and marriages appointed for a
district:
"Minister" means the Minister of the Crown to whom, for the time being, the administration of
this Act is committed by the Governor:
"occupier of the building or place" means the principal occupier for the time being of any building or place, and, in the case of a prison, gaol, hospital, mental hospital, or other public or charitable institution, the principal officer or the person in actual charge thereof:
"parent" means the father or mother, or where both the father and mother are dead, the guardian of the child, or where a person is the legal guardian of the child to the exclusion of the parent or parents, the legal guardian of the child:
"person" when used without qualification shall be deemed to exclude reference to a child not
born alive:
"principal registrar" means the Principal Registrar of Births, Deaths, and Marriages:
"registered midwife" means any person registered as a midwife pursuant to the
Nurses
Registration Act, 1920-1966 :"repealed Act" means any Act repealed by this Act, or any other repealed Act relating to the
registration of births, deaths or marriages:
"undertaker" includes any person having charge of the burial of any dead body.
PART II
ADMINISTRATION
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(3) The persons holding the offices of Principal Registrar of Births, Deaths, and Marriages and Deputy Registrar of Births, Deaths, and Marriages at the commencement of this Act shall, without any further appointment, be respectively the Principal Registrar of Births, Deaths, and Marriages, and the Deputy Registrar of Births, Deaths, and Marriages.
(4) Any reference in any Act to the Registrar-General of Births, Deaths and Marriages shall be deemed to be a reference to the principal registrar.
(5) In the event of the absence, through illness or otherwise, of the principal registrar, or of a vacancy in the office of principal registrar, the deputy registrar shall exercise all the powers and shall perform all the duties and functions of the principal registrar during the absence or vacancy, and shall, in the exercise of those powers, be subject to the same liabilities, penalties and forfeitures as the principal registrar.
(2) The districts existing pursuant to any repealed Act at the commencement of this Act shall, until revoked or altered by proclamation, be districts for the purposes of this Act.
9. (1) The Minister may appoint any person to be the district registrar for any district.(2) The principal registrar may appoint any person to be an assistant district registrar for any
district.
(3) Any person who at the commencement of this Act was under any repealed Act a district registrar for any district shall without any further appointment continue to be the district registrar for that district.
(4) Any person who at the commencement of this Act was under any repealed Act an assistant registrar for any district shall without any further appointment be an assistant district registrar for that district.
(2) The district registrar for a district may delegate to the holder of the office of assistant district registrar for the district a power, function or duty conferred or imposed on the district registrar by or under this or any other Act.
(3) A delegation under this section—
must be made by instrument in writing; | |
authorizes any person who is or becomes holder of the office or position specified in the instrument of delegation to act pursuant to the delegation; | |
may be made subject to conditions specified in the instrument of delegation; | |
may authorize sub-delegation of a power, function or duty; | |
is revocable at will by the delegator; | |
does not prevent the delegator from acting personally in any matter. |
(4) The principal registrar is bound by any direction of the Minister requiring or relating to a delegation under this section.
(5) A district registrar is bound by any direction of the principal registrar requiring or relating to a delegation under this section.
(6) In any proceedings a certificate purporting to be signed by the principal registrar or a district registrar certifying a matter relating to a delegation by the principal registrar or district registrar under this section constitutes, in the absence of proof to the contrary, proof of the matter certified.
(2) The information statement shall, as soon as practicable, be forwarded to the principal registrar, district registrar, or assistant district registrar, as the case may be.
(3) When the information statement is received by a district registrar or an assistant district registrar he shall, within seven days, forward the information statement to the principal registrar.
(4) When the information statement is received by the principal registrar he shall forthwith register the birth or death in the manner prescribed by or pursuant to this Act, and shall within seven days forward a duplicate of the registration to the district registrar of the district in which the birth or death took place. The district registrar shall, as soon as practicable, record the registration in the district register of births or deaths.
(5) Within one month after a certificate of registration of a birth has been entered in the register in the office of the principal registrar, the principal registrar shall notify the person by whom the particulars were furnished for the registration of the birth, that the birth has been duly registered.
(6) The birth of any person shall be deemed to have been registered on the day of the receipt by the principal registrar, district registrar or assistant district registrar of an information statement to register the birth of that person.
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PART III
REGISTRATION OF BIRTHS
Whether the child was born alive or not: | |
The date and place of the birth: | |
The sex of the child: | |
The full names and usual place of residence of the mother of the child: | |
and | |
The full names and usual place of residence of the medical practitioner or other person who was in attendance on the mother during her confinement. |
(2) Where a child is not born in any premises, but is admitted to premises shortly after birth, this section applies as if the child had been born in the premises to which the child had been so admitted.
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* * * * * * * * * *
* * * * * * * * * *
(2) On registering the birth of a child born out of lawful marriage the principal registrar shall, except in the circumstances mentioned in subsection (4), of this section enter the words "paternity not acknowledged" in the column of the certificate for the name of the father.
(3) Where a child is born out of lawful marriage—
the mother need not furnish particulars relating to the paternity of the child; | |
but | |
where, in the form completed by the mother, a person is named as father of the child, and the appropriate certificate contained in the form is not completed by the father, the principal registrar shall serve personally or by post upon the person alleged to be the father of the child, a copy of the form as completed by the mother accompanied by a notice in writing addressed to the alleged father inviting him to acknowledge that he is the father of the child. |
(4) Subject to this section, the name of a person shall not be entered in a register as father of the child unless—
he has, in the form furnished by the mother in pursuance of this section, acknowledged that he is the father of the child; | |
or | |
he has, in response to an invitation addressed to him under subsection (3) of this section, acknowledged within thirty days after the date of the invitation that he is the father of the child. |
(5) If in proceedings for registration of the birth of a child born out of lawful marriage the paternity of the child is not acknowledged, but the principal registrar is satisfied that the paternity of the child has been established by an affiliation order or otherwise by a decree of a court of competent jurisdiction, the principal registrar shall cause to be entered in the register of births the name of the father of the child. The principal registrar shall give notice of the entry to the district registrar having the custody of the register in which the birth is entered who shall endorse in the relative entry a copy of the entry made by the principal registrar.
(6) The principal registrar, a district registrar or assistant district registrar shall, as occasion requires, bring the provisions of this section and of Part VI of the
(7) The parent of a person legitimated under the
(8) The principal Registrar shall, upon receipt of a notice under subsection (7) of this section—
endorse on the register a note of the legitimation; | |
or | |
re-register the birth of the legitimated person in the same form as if he had been born within marriage. |
The birth may be registered within a period of six months from the date of birth of the child by the principal registrar after the parent or some person present at the birth furnishes the particulars required in accordance with this Part, and makes a declaration in the prescribed form. | |
The birth may be registered after six months but not after seven years from the date of birth of the child by the principal registrar if the parent of the child or some person with knowledge of the birth furnishes the prescribed particulars, and the principal registrar is satisfied that the particulars so furnished are correct; for the purposes aforesaid the principal registrar may require any documents in evidence relating to the birth to be produced to him. | |
No birth shall be registered after the expiration of seven years from the date of birth of the child unless a Judge of the Supreme Court, or Local Court, or a Stipendiary Magistrate, makes a written order authorizing the principal registrar to register the birth. The order shall contain the necessary particulars for the registration of the birth. |
* * * * * * * * * *
(2) In default of nomination by the parents as referred to in subsection (1), the name to be entered in the register as the surname of the child is—
the surname of the father of the child in the case of a child born in lawful marriage, or the surname of the mother in the case of a child born out of lawful marriage; | |
or | |
such name as a local court of limited jurisdiction may, on application by a parent of the child, direct. |
(3) An application for a direction of a court under subsection (2) must be made within 28 days after receipt by the principal registrar of the particulars required for registration of the birth.
(4) In determining an application for a direction under subsection (2), the welfare and interests of the child must be the paramount consideration of the court.
* * * * * * * * * *
PART IV
CHILDREN NOT BORN ALIVE
(2) After he has signed the certificate referred to in subsection (1) of this section the medical practitioner shall sign a notice in the prescribed form and deliver the notice to the occupier of the premises where the birth took place, who shall deliver it to the person disposing of, or responsible for the disposal of, the body of the said child.
(3) A person shall not dispose of the body of a child not born alive unless—
he has received the notice required under subsection (2) of this section; | |
or | |
the disposal is authorized in writing by a member of the police force not under the rank of sergeant, who has personally made inquiries into the circumstances relating to the birth. |
(4) Any person who disposes of the body of a child not born alive shall forthwith forward to the principal registrar either the notice required under subsection (2) of this section or the authorization referred to in paragraph
(5) Until the coming into operation of this Act the provisions of Part IV of the
PART V
REGISTRATION OF MARRIAGES
(2) The principal registrar shall, within seven days of the receipt of the official certificate, cause a copy to be made and forwarded to the district registrar of the district in which the marriage was solemnized.
(3) When the district registrar receives the copy he shall as soon as practicable enter the copy in the District Register of Marriages.
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PART VI
REGISTRATION OF DEATHS
* * * * * * * * * *
30. (1) Where a person dies—
in an aircraft during a flight to an airport in the State; | |
or | |
on a ship during a voyage to a port in the State, |
the person in charge of the aircraft or of the ship, as the case may be, shall, as soon as practicable, after the arrival of the aircraft at an airport or of a ship at a port in the State, report the death to a coroner.
(2) Where the death of any person is reported to the coroner under the provisions of subsection (1), of this section the coroner shall make such inquiries as he considers reasonable to inform himself correctly of the identity of the person, the cause of death and the place at which the death occurred, and, shall furnish to the principal registrar such of the particulars contained in the information statement in relation to the person as he has been able to ascertain, and the cause of death. The principal registrar shall thereupon register the death.
Where particulars are furnished by a coroner under section 30 or section 33 of this Act the death shall be registered: | |
The death may be registered within a period of six months from the date of death of the person by the principal registrar after the occupier of the premises where the death occurred or some other person furnishes the particulars required in accordance with this Part and makes a declaration in the prescribed form: | |
The death may be registered after six months but not after seven years from the date of death of the person by the principal registrar if some person with knowledge of the death furnishes the particulars required in accordance with this Part and makes a declaration in the prescribed form and the principal registrar is satisfied that the particulars so furnished are correct; for the purposes aforesaid the principal registrar may require any documents in evidence relating to the death to be produced to him: | |
and | |
No death shall be registered after the expiration of seven years from the date of death of the person unless a Judge of the Supreme Court, or Local Court, or a Stipendiary Magistrate makes a written order authorizing the principal registrar to register the death. The order shall contain the necessary particulars for the registration of the death. |
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(3) The death of any person shall be deemed to have been registered on the day of receipt by the principal registrar, district registrar or assistant district registrar of an information statement to register the death provided that a medical certificate of the cause of death of that person or a copy of a coroner’s order for burial pursuant to section 34 of this Act has been received by the principal registrar, district registrar or assistant district registrar on or before that day.
(2) Upon receipt of the notification and particulars the principal registrar shall forthwith register the death.
(3) If, after notification of the death, an inquest is held into the death the coroner shall notify the principal registrar of his decision or finding and the principal registrar shall if necessary alter the register to accord with the decision or finding which alteration shall be signed by him and marked with the date upon which the alteration was made.
(4) Where a coroner or justice of the peace certifies under paragraph (III) of section 5 of the
a certificate referred to in paragraph | |
or | |
a copy of the order and statement referred to in section 34 of this Act. |
(2) When a coroner has completed his inquiry he shall notify the principal registrar of the cause of death. The principal registrar shall thereupon enter the cause of death in the registration certificate.
(3) Any certified copy of the death registration or any extract therefrom issued before the cause of death has been entered, shall be endorsed with the words "Incomplete Registration—Cause of Death unknown pending coronial inquiry".
a notice referred to in paragraph | |
or | |
an order referred to in section 34 of this Act. |
sign a medical certificate of cause of death or a medical certificate of cause of perinatal death of a child dying within twenty-eight days after birth, whichever is appropriate in the prescribed form and deliver or forward the certificate to the principal registrar; | |
and | |
sign and deliver or forward to the person required by section 29 to furnish particulars for the registration of the death a notice in the prescribed form, |
except that in all cases of sudden unexpected death, or where it has come to the knowledge of the medical practitioner that the death has occurred from unnatural causes or under any circumstances of suspicion, or where he is unable to certify the cause of death, he shall not issue any such certificate or notice, but report the case to the coroner.
(2) Any legally qualified medical practitioner who—
refuses or neglects to sign, deliver or forward any such certificate or notice; | |
signs, delivers or forwards any such certificate or notice which is lacking in any material particular as to which he has knowledge; | |
signs, delivers or forwards any such certificate or notice where he is required by this section to report the death to the coroner; | |
or | |
knowingly makes any false statement in any such certificate or notice, |
shall be guilty of an offence.
Penalty: Division 9 fine.
(3) The person required by section 29 of this Act to furnish particulars for the registration of a death, or the person referred to in section 37 of this Act who buries any dead body, shall, when furnishing particulars or when the burial has taken place, as the case may be, deliver or forward the notice to the principal registrar, district registrar or assistant district registrar.
(4) Any person who by virtue of any regulation made pursuant to the
(2) Every undertaker or other person who fails to comply with this section shall be guilty of an
offence.
Penalty: Division 9 fine.
(3) Upon receipt of any certificate as aforesaid, the principal registrar shall cause to be included in the certificate of registration of the death of the deceased person to which the first-mentioned certificate applies, particulars of the place and date of the burial, cremation or other disposal of the body of the deceased.
PART VII
REGISTRATION OF DEATHS OF PERSONS DYING OUTSIDE THE
STATE WHILST ON WAR SERVICE
(2) For the purposes of this Part a person shall be deemed to be engaged on War Service—
if he is engaged outside the State as a member of any naval, military, or air force of the Commonwealth or of any other part of the British Commonwealth during any war in which the Commonwealth is engaged; | |
or | |
if, during any such war, he is engaged on service outside the State in connection with any nursing service, voluntary aid detachment, red cross society, ambulance association or any similar body or organization attached to or accompanying any such force as is described in paragraph | |
or | |
if, during any such war, he is engaged on service outside the State as a representative attached to or accompanying any such force as is described in paragraph | |
or | |
if, in connection with any such war, he is a prisoner of war in an enemy country or is interned in the country of a neutral power; | |
or | |
if he is engaged on service outside the State in connection with any operation in which the police forces of the Commonwealth or the State are engaged as part of a United Nations force. |
(3) For the purposes of this Part, a war shall be deemed to continue from the commencement thereof until the day on which a proclamation is issued by the Commonwealth declaring that the war has ceased.
that any person has died (whether before or after the passing of this Act), at any place outside the State whilst engaged on war service; | |
and | |
that prior to engaging in such war service the said person’s usual place of residence was within the State, |
the principal registrar may, subject to compliance with this Part, register the death of that person.
(2) The principal registrar shall not register the death of any person as aforesaid unless the principal registrar is supplied with a certificate given by some officer who the principal registrar is satisfied is the officer in charge of the proper records of any naval, military or air force of the Commonwealth or any other part of the British Commonwealth or any police force of the Commonwealth or the State, that the said person has died at a place outside the State whilst engaged on war service.
(3) If the principal registrar is supplied with a certificate of a competent authority within the meaning of the National Security (Supplementary) Regulations made under the
(4) Upon registering any death as aforesaid, the principal registrar shall make a memorandum in the certificate of registration to the effect that the death is registered pursuant to this Part.
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(3) The certificate of registration shall be made out in duplicate.
(4) One of the copies shall be filed in the office of the principal registrar and the other shall be filed in the office of the district registrar of the district in which was situated the usual place of residence prior to engaging on war service of the person to the death of whom the certificate of registration relates.
PART VIII
REGISTRATION OF DEATHS OF PERSONS DYING WITHIN THE
STATE WHILST ON WAR SERVICE OR DYING AT SEA
47. (1) If—
any member of any naval, military or air force of the Commonwealth or of any other part of the British Commonwealth; | |
or | |
any person serving with any nursing service, voluntary aid detachment, red cross society, ambulance association or any similar body or organization attached to or accompanying any such force as is described in paragraph | |
or | |
any person being a representative attached to or accompanying any such force as is described in paragraph | |
or | |
any member of any naval, military or air force of any country allied or associated with Her Majesty for the purposes of the prosecution of any war in which the Commonwealth is engaged; | |
or | |
any person engaged in connection with any operation in which the police forces of the Commonwealth or the State are engaged as part of a United Nations force, |
dies or has died (whether before or after the passing of this Act) within the State during the continuance of any war in which the Commonwealth is engaged or within a period of twelve months after any such war has ceased, the principal registrar may register the death of that person as provided by this Part.
(2) Any such death may be registered if the principal registrar is supplied with—
a certificate in the prescribed form or in a form substantially to the same effect of a person who the principal registrar is satisfied is a medical officer of any such naval, military or air force; | |
or | |
a certificate of some officer of any such naval, military or air force or police force who the principal registrar is satisfied is the officer in charge of the proper records of such naval, military or air force, or police force, that the said person has died within the State whilst a member of such force. |
(3) Notwithstanding the provisions of section 39 of this Act and of section 33 of the
(4) If the principal registrar is supplied with a certificate of a competent authority within the meaning of the National Security (Supplementary) Regulations made under the
(2) Any such death may be registered if the principal registrar is supplied with a certificate of some person who the principal registrar is satisfied is the master of the ship or a duly qualified medical practitioner carried as part of the complement of the ship, that the deceased died whilst at sea on a British or Australian ship during the continuance of any such war.
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(3) The certificate of registration shall be made out in duplicate.
(4) One of the copies shall be filed in the office of the principal registrar and the other shall be filed in such place as the principal registrar shall direct.
PART IX
REGISTRATION OF CHANGES OF NAME
(2) A parent of a child may, subject to subsection (3) of this section, in the prescribed manner, change the name of the child.
(3) A parent of a child is not entitled to change the name of the child—
unless— | ||
|
or
| ||
and | ||
where the child is of or above the age of twelve years—unless the child has consented to the change of name. |
(4) In authorizing a change of name under subsection (3) of this section, the welfare and interests of the child shall be the paramount consideration of the court.
(5) Before registering a change of name under this section, the principal registrar may require the applicant to furnish such evidence as the principal registrar thinks appropriate as to the identity, age or marital status of the applicant or the person whose name is sought to be changed.
(6) A change of name under this section shall not be effective until registered by the principal
registrar.
(7) Where the principal registrar is satisfied by such evidence as he may require—
that a person has changed his name under the law of any place outside this State; | |
or | |
that the name of a child has been changed under the law of the Commonwealth or of any place outside this State, or by order of any court of competent jurisdiction in this State, |
he may register that change of name.
(8) In this section—
"change" in relation to a name, includes any addition, omission or substitution affecting the
name.
(2) All instruments deposited in the General Registry Office, before the commencement of the
PART X
MISCELLANEOUS
(2) Subject to subsection (3) of this section, every person shall be entitled at all reasonable hours to require those indexes to be searched, and to have a certified copy of, or extract from, any entry or entries in those register books under the hand of the principal registrar, the deputy registrar or district registrar on payment of the prescribed fees.
(3) The principal registrar, the deputy registrar or the district registrar may in any case he thinks fit, require the person seeking to have any such search made to disclose the reasons for the search and any other relevant matters and if the principal registrar, the deputy registrar or district registrar is of opinion that the search is required for improper reasons or that the person requiring the search has not proper reasons for making the search, he may refuse to allow the search or to issue any such certified copy or extract.
(2) Upon a certificate being made by the principal registrar that the register of births, register of deaths, register of marriages or register of changes of name for any specified period, and for any particular district is lost or destroyed, then and in all such cases the certificate of the principal registrar, under his hand and seal, shall be received as evidence in any court of the matter to which the same relates without further proof being required.
If it is practicable so to do, the principal registrar may require the person by whom the information for the registration was furnished to countersign the correction or to sign a document in writing certifying that the correction is necessary to be made.
(2) If the principal registrar is satisfied that by any judgment of any court of competent jurisdiction it has been adjudged by the court that any particular in any register of births, register of deaths, register of marriages or register of changes of name, is not in accord with the judgment of the court relating to any such particular, he may alter the register to accord with that judgment, which alteration shall be signed by him and marked with the date upon which the alteration was made.
(3) Notice of any such correction or alteration shall be given by the principal registrar to the district registrar having custody of the register in which the birth, death, marriage or change of name is registered, and the district registrar shall endorse on the relative entry in the register a copy of the correction or alteration made as aforesaid by the principal registrar.
(4) If any certified copy or extract from any entry so corrected or otherwise altered or added to pursuant to this Act, is issued by the principal registrar, the deputy registrar, or a district registrar, the copy shall be of the entry as so corrected, altered, or added to: Provided that in any case in which the principal registrar thinks fit the certified copy shall be a copy of the original entry showing all alterations and additions made thereon pursuant to this Act or any repealed Act.
* * * * * * * * * *
68a. (1) The principal registrar may—
refuse to enter in the register of births any forename, or any surname that is a combined form of the surnames of both parents; | |
or | |
refuse to enter in the register of changes of name any forename or surname, |
that is obscene or frivolous.
(2) Where the principal registrar has refused to enter a name in a register pursuant to this section, he shall, by notice in writing addressed to the person by whom application was made for the entry of that name in the register, notify that person of his refusal to enter the name.
(3) A person may, within one month of receiving a notice under subsection (2) of this section, appeal in the prescribed manner to a local court of limited jurisdiction against the refusal by the principal registrar to enter a name in a register.
(4) In determining an appeal against the refusal by the principal registrar to enter in a register the name of a child, the welfare and interests of the child shall be the paramount consideration of the court.
compliance shall be sufficient for the purposes of this Act.
(2) Nothing in this Act shall prevent the acceptance by the principal registrar, a district registrar or assistant district registrar of information, certificates, notices, or applications in accordance with any form legally in use immediately before the commencement of this Act, or prevent the registration of any birth or death by virtue of any such information, certificate, notice or application.
71. Any person who—
being a person obliged to register any birth, death or marriage, fails so to do within the time prescribed in this Act; | |
or | |
obtains the registration of the birth of any child, or the death or marriage or change of name of any person, contrary to this Act, |
shall be guilty of an offence.
Penalty: Division 8 fine.
Penalty: Division 8 fine.
Penalty: Division 8 fine.
omits or refuses without reasonable cause to register any birth, death, marriage or change of name in accordance with the provisions of this Act; | |
or | |
negligently registers false particulars in relation to any birth, death, marriage or change of name under this Act, |
he shall be guilty of an offence.
Penalty: Division 8 fine.
75. (1) Any person who—
wilfully destroys or injures or causes to be destroyed or injured, any register book, or any part or certified copy of any part thereof; | |
or | |
falsely makes or counterfeits or causes to be falsely made or counterfeited, any part of any such register book or certified copy thereof; | |
or | |
wilfully inserts or causes to be inserted, in any register book or certified copy thereof, any false entry of any birth, death, marriage or change of name; | |
or | |
wilfully gives any false certificate; | |
or | |
certifies any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof; | |
or | |
forges or counterfeits the seal or signature of the principal registrar, the deputy registrar, or any district registrar, |
shall be guilty of an offence.
Penalty: Division 5 imprisonment or division 5 fine.
(2) The principal registrar may impound and keep any certified copy of or extract from any registration of birth, death, marriage or change of name which has, subsequent to its issue, been altered or changed in any particular by any unauthorized person.
76. The Governor may make regulations for and in relation to—
the forms to be used in connection with this Act; | |
the fees to be charged for the performance of the several acts, matters, and things provided for in this Act; | |
the duties of district registrars and assistant district registrars; | |
or | |
such matters as are necessary or convenient to be prescribed for giving effect to this Act. |
78. The Minister may remit the whole or any part of any fee required to be paid pursuant to
this Act.
80. All proceedings for an offence against this Act shall be disposed of summarily.
SCHEDULES
THE FIRST SCHEDULE
ACTS REPEALED.
Number and Year | Title of Short Title | Extent of Repeal |
of Act
No. 1755 of 1926 | Notification of Births Act, 1926 | The whole |
No. 2293 of 1936 | Statute Law Revision Act, 1936 | So far as relates to the Notification of births and deaths. |
No. 2335 of 1936 | Births and Deaths Registration | The whole |
Act, 1936 | ||
No. 2325 of 1936 | Marriage Act, 1936-1961 | The whole |
No. 21 of 1940 | Births and Deaths Registration | The whole |
Act Amendment Act, 1940 | ||
No. 18 of 1941 | Marriage Act Amendment Act, 1941 | The whole |
No. 11 of 1942 | Births and Deaths Registration | The whole |
Act Amendment Act, 1942 | ||
No. 7 of 1944 | Marriage Act Amendment Act, 1944 | The whole |
No. 44 of 1947 | Births and Deaths Registration | The whole |
Act Amendment Act, 1947 | ||
No. 21 of 1950 | Marriage Act Amendment Act, 1950 | The whole |
No. 21 of 1957 | Marriage Act Amendment Act, 1957 | The whole |
No. 47 of 1959 | Births and Deaths Registration | The whole |
Act Amendment Act, 1959 | ||
No. 30 of 1960 | Births and Deaths Registration | The whole |
Act Amendment Act, 1960 | ||
No. 31 of 1961 | Marriage Act Amendment Act, 1961 | The whole |
No. 47 of 1962 | Births and Deaths Registration | The whole |
Act Amendment Act, 1962 |
* * * * * * * * * *
* * * * * * * * * *
* * * * * * * * * *
* * * * * * * * * *
APPENDIX 1 Legislative History
Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this
Act contained in Volume 1 of The Public General Acts of South Australia 1837-1975 at page 525.
Long title: | amended by 69, 1980, s. 5 |
Section 4: | substituted by 69, 1980, s. 6 |
Section 5: | definition of "christian name" repealed by 69, 1980, s. 7 |
Section 6(2): | repealed by 77, 1988, s. 3 |
Section 7: | substituted by 69, 1980, s. 8 |
Section 11: | repealed by 69, 1980, s. 9; inserted by 77, 1988, s. 4 |
Section 13: | repealed by 69, 1980, s. 10 |
Section 14(3): | repealed by 69, 1980, s. 11 |
Section 15(1): | amended by 69, 1980, s. 12(a) |
Section 15(2): | repealed by 69, 1980, s. 12(b) |
Section 16: | amended by 69, 1980, s. 13 |
Section 17(2): | repealed by 69, 1980, s. 14 |
Section 19(3): | amended by 77, 1988, s. 5 |
Section 20(1): | amended by 69, 1980, s. 15(a), (b) |
Section 20(2): | repealed by 69, 1980, s. 15(c) |
Section 21: | amended by 69, 1980, s. 16; substituted by 77, 1988, s. 6 |
Sections 22 - 24: | repealed by 69, 1980, s. 17 |
Section 25(1): | amended by 69, 1980, s. 18(a) |
Section 25(2): | amended by 69, 1980, s. 18(b) |
Section 25(3): | amended by 69, 1980, s. 18(c) |
Section 25(4): | amended by 69, 1980, s. 18(d) |
Section 27: | repealed by 69, 1980, s. 19 |
Section 28: | repealed by 77, 1988, s. 7 |
Section 29(1): | amended by 69, 1980, s. 20(a) |
Section 29(2): | repealed by 69, 1980, s. 20(b) |
Section 31(1): | amended by 69, 1980, s. 21(a), (b) |
Section 31(2): | repealed by 69, 1980, s. 21(c) |
Section 39(1): | amended by 69, 1980, s. 22 |
Section 39(2): | amended by 77, 1988, s. 8 |
Section 40(1): | amended by 69, 1980, s. 23 |
Section 40(2): | amended by 77, 1988, s. 9 |
Section 44(2): | repealed by 69, 1980, s. 24 |
Section 47(2): | amended by 69, 1980, s. 25 |
Section 51(2): | repealed by 69, 1980, s. 26 Part IX comprising ss. 53 - 55 and heading inserted by 69, 1980, s. 27 |
Section 66(2): | amended by 69, 1980, s. 28 |
Section 67(1): | amended by 69, 1980, s. 29(a) |
Section 67(2): | amended by 69, 1980, s. 29(b) |
Section 68(1): | amended by 69, 1980, s. 30(a) |
Section 68(2): | amended by 69, 1980, s. 30(b) |
Section 68(3): | amended by 69, 1980, s. 30(c) |
Section 68(5): | repealed by 69, 1980, s. 30(d) |
Section 68a: | inserted by 69, 1980, s. 31 |
Section 71: | amended by 69, 1980, s. 32; 77, 1988, s. 10 |
Section 72: | amended by 77, 1988, s. 11 |
Section 73: | amended by 77, 1988, s. 12 |
Section 74: | amended by 69, 1980, s. 33; 77, 1988, s. 13 |
Section 75(1): | amended by 69, 1980, s. 34(a); 77, 1988, s. 14 |
Section 75(2): | amended by 69, 1980, s. 34(b) |
Section 76: | amended by 69, 1980, s. 35 |
Second - sixteenth schedules: | repealed by 69, 1980, s. 36 |
Nineteenth schedule: | repealed by 69, 1980, s. 36 |
Divisional Penalties |
At the date of publication of this reprint divisional penalties are, as provided by section 28a of the
Division | Maximum | Maximum |
imprisonment | fine |
1 | 15 years | $60 000 |
2 | 10 years | $40 000 |
3 | 7 years | $30 000 |
4 | 4 years | $15 000 |
5 | 2 years | $8 000 |
6 | 1 year | $4 000 |
7 | 6 months | $2 000 |
8 | 3 months | $1 000 |
9 | - | $500 |
10 | - | $200 |
11 | - | $100 |
12 | - | $50 |
0
0
0