Registration of Births, Deaths and Marriages Act Amendment Act 1975 (WA)

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WESTERN AUSTRALIA.

REGISTRATION OF BIRTHS,

DEATHS AND MARRIAGES.

No. 11 of 1975.

AN ACT to amend the Registration of Births,

Deaths and Marriages Act, 1961-1965.

[Assented to 9th May, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Registration

and citation.

of Births, Deaths and Marriages Act Amendment

Act, 1975.

(2) In this Act the Registration of Births, Deaths if,ifeyjra3,4

and Marriages Act, 1961-1965 is referred to as the aAD:tee (218by

principal Act.

of 1965.

No. 11.] Registration of Births, Deaths

[1975.

and Marriages.

(3) The principal Act as amended by this Act may be cited as the Registration of Births, Deaths and Marriages Act, 1961-1975.

Comme-

n

cement.

2. The provisions of this Act shall come into operation on such day or days as is or are respectively, fixed by proclamation.

Section 18

amended.

3. Section 18 of the principal Act is amended

(Searches

of register

and certified

(a) by deleting paragraph (b) of subsection (1);

copies of

searches.)

(b) as to subsection (3)-

(i)    by deleting the passage ", inspection of any entry in such register," in lines four and five; and

(ii)    by deleting the words "or inspection" in line nine;

(c)

by deleting the words "or inspection" where occurring in each case in line three, line eight and line eleven of subsection (4); and

(d) as to subsection (5)-

(i)    by deleting the words "or inspection" where occurring in line two and in line ten; and

(ii)    by deleting the words "by the appli- cant" in line eleven.

Section 24

amended.

4. Section 24 of the principal Act is amended by

(Registration

of birth

deleting the passage "Subject to the provisions of

after twelve

months

section twenty-five of this Act, where" in lines one

from date

thereof.)

and two and substituting the word "Where".

Section 25

repealed and

5. Section twenty-five of the principal Act is

re-enacted.

repealed and re-enacted as follows-

Appeal from

Registrar

25. (1) Where the Registrar General auth- orises or refuses to authorise the registration of a birth under section twenty-four of this Act

General.

1975.]

Registration of Births, Deaths [No. 11.

and Marriages.

any person aggrieved by reason of that decision may apply to a Judge for an order against that decision.

(2) Upon production to him of a certified copy of an order made under subsection (1) of this section the Registrar General shall delete the registration of a birth from the register or authorise the registration of a birth in the register in terms of the order.

(3) Where the Registrar General registers a birth pursuant to an order made under this section he shall enter in the register the fact that the registration was ordered under this section. .

6.    Section twenty-six of the principal Act is /,:gaid2gud

repealed and re-enacted as follows—

re-enacted.

26. Except where a birth is registered in eT;tsatiriLions

accordance with section fifty-one, fifty-two or =I=

fifty-four of this Act, no register or certified copy

of an entry in the register is evidence to prove

the birth of a child if it appears from the entry

that more than twelve months have elapsed

between the date of the birth and the date of the

registration of the birth of that child, unless

the entry purports to have been made with the

written authority of the Registrar General or

by order of a Judge. .

7.    Section 32 of the principal Act is amended by =dneg2

adding after the word "registrar" where occurring i(R=tion

D

in line one of paragraph (a) and in line three of Tjz:e.

paragraph (b) the words "or assistant district =1,1

registrar".

8.

Section 41 of the principal Act is amended

Section 41amended. (Medical

(a) by repealing subsection (1) and re-enacting

certificatesas to cause

it as follows

of death.)

(1) Except as provided in subsection

(1) of section forty-four of this Act, on the

death of a person who has been attended

No. 11.] Registration of Births, Deaths

[1975.

and Marriages.

during his last illness by a duly qualified medical practitioner, that practitioner shall forthwith after the death

(a)

complete and sign a medical certificate in the form approved by the Registrar General; and

(b)

give the certificate referred to in paragraph (a) of this subsection to a person required by this Part of this Act to give information concerning the death to the district registrar or assistant district registrar appointed for the registry district in which the death occurred. ; and

(b)

by deleting the word "prescribed" in line six of subsection (3) and substituting the word "approved".

Section 45

amended.

9. Section 45 of the principal Act is amended

(Certificate

of Minister

and

(a)

by adding after the word "registrar" in line

Undertaker.)

four of subsection (1) the words "or

assistant district registrar"; and

(b) by revoking subsection (3).

Sections

45A, 95B

10. The principal Act is amended by adding after

added.

section 45 the following sections-

Removal of

the body of

45A. A person shall not remove the dead be removed from the State unless and until the death of that person has been registered in accordance with this Act.

a person

from the

body of a person from the State or cause it to

State.

No regis-

tration of

45B. A registration of the death of a person

death

without

shall not be made unless an entry showing the

entry of

manner of

manner in which the body of the person was

disposal.

disposed of is made in the register.

1975.]

Registration of Births, Deaths [No. 11.

and Marriages.

Section 63B

11.

The principal Act is amended by adding after

added.

section 63A a section as follows-

Prohibition

63B. A person shall not without reasonable

of demand of extracts,

cause demand the production of any extract of

etc.

entry or certified copy of an entry made or

issued under the provisions of this Act. .

12.    The Fifth Schedule to the principal Act is PcMule

deleted and the following Schedule substituted—

substituted.

FIFTH SCHEDULE.

Registration No.

Registration of Births, Deaths and Marriages Act, 1961.

(Section 45, Schedule 5.).

CERTIFICATE OF DISPOSAL OF BODY.

z

(I) Full name.

I, (1)

-•

(2) Address.

of (2)

(3) Description of certifier, e.g., "Funeral Direc- (3)

tor", Police Officer".

do hereby certify that the dead body of

(4) Full name of deceased.

(4)

?ci co fizz

(5) Late address of deceased.

of (5)

,..• C.

was on the

day of

19

disposed

m

P2

of in the following manner—

P c-4.

8.

(6) State method of disposal—

(6)

P2.,

(a) burled or cremated;

0

(b) mausoleum or other resting place;

tz

g•-•

in the presence of the undersigned

-I

(c) reception into school of anatomy;

*(1)

tz

(d) deposited at the premises of

IQ C.I.

co

(2)

op

. "en

(Name and address)

pending transfer to (1)

ti

co

(2)

PA

(destination) for burial/cremation.

ed.

Dated this

day of

19

CO

(7) Signature of person disposing of the dead

body.

Signature of Certifier (7)

(8) Name of Funeral Director or Firm.

Acting for (8)

co

If a person who Is registered for the celebration of marriages in Australia is a witness, only one witness is necessary, otherwise two witnesses are necessary—see section 45 (1) of the Act.

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