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

REGISTRATION OF BIRTHS, DEATHS AND

MARRIAGES (AMENDMENT) ACT.

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A N N O V IC E SIM O Q U A R T O

ELIZABETHS II BEGINS

Act No. 57, 1975.

An Act to provide for the appointment of a Principal Registrar of Births, Deaths and Marriages; to transfer to that person the exercise and performance of the powers,, authorities, duties and functions of the Registrar-General under the Registration of Births, Deaths and Marriages Act, 1973; for these and other purposes to amend that Act and certain other Acts; and for purposes connected therewith. [Assented to, 9th October, 1975.]

Registration of Births, Deaths and Marriages {Amendment).

■D and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

"DE it enacted by the Queen’s Most Excellent Majesty, by No. 57, 1975 follows t—

1.           This Act may be cited as the “Registration of Births, short title.

Deaths and Marriages (Amendment) Act, 1975”.

2 .      ( 1 ) This section and section 1 shall commence on the Commence-

date of assent to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Registration of Births, Deaths and Marriages Act, Principal

1973, is, in this Act, referred to as the Principal Act.

4. The Principal Act is amended— Amendment of Act No. 87, 1973.

(a)	by omitting from the matter relating to Part II in Sec. 3.
section 3 the matter “ss. 5-10” and by inserting (Division of Act.)

instead the matter “ss. 4a-1 0 ”

(b) (i) by inserting after the definition of “death in Sec. 4.

section 4 ( 1 ) the following definition ;—	pretation.)
(Inter­

“Deputy Principal Registrar” means a Deputy Principal Registrar of Births, Deaths and Marriages appointed

under section 4b ;

(ii)

Registration of Births, Deaths and Marriages {Amendment).

No. 57, 1975 (ii) by inserting after the definition of “prescribed legitimation information” in section 4 (1) the following definition :—

“Principal Registrar” means the Principal

Registrar of Births, Deaths and

Marriages appointed under section 4a

Secs. 4a-4 d. (c) by inserting before section 5 the following sections ;—

Principal 4a. The Governor may, under and subject to

Registrar. the Public Service Act, 1902, appoint a person to- be Principal Registrar of B ir^ , Deaths and Marriages.

(1) The Governor may, under and subject to the Public Service Act, 1902, appoint such number of persons as he thinks necessary to be Deputy Principal Registrars of Births, Deaths and Marriages.

4b .

Principal

Registrars.

(2) A person holding office or acting as Deputy Principal Registrar may exercise and perform the same powers, authorities, duties and functions as are conferred and imposed on the Principal Registrar by or under this or any other Act, and any such power, authority, duty or function exercised or performed by a person so holding office or acting shall be deemed to have been exercised or performed by the Principal Registrar.

Seal of	4c. (1) The Principal Registrar shall have a seal of office which bears an impression of the Arms of the State of New South Wales and the words “New South Wales” and which bears in the margin' thereof the words “Principal Registrar of Births,. Deaths and Marriages”.
office.

(2>

m

697

Registration of Births, Deaths and Marriages {Amendment).

(2) Where the Principal Registrar or a ^o. 57,1975

Deputy Principal Registrar, acting or purporting to	----
act under the authority of this or any other Act, issues, signs or makes any instrument, document or writing, the instrument, document or writing is not invalid by reason of any informality in the manner or time of affixing, impressing or printing the seal of the Principal Registrar thereon, or of the omission to affix, impress or print the seal thereon.

(3) All courts and persons acting

judicially—

(a)	shall take judicial notice of the seal of the Principal Registrar that has been affixed to any instrument, document or writing; and
(b)	shall, until the contrary is proved, presume that the seal was properly affixed.

4d. (1) A statutory declaration may be made statutory

before the Principal Registrar or a Deputy Principal

Registrar.

(2) A statutory declaration made under subsection (1) shall have the same effect as if made before a justice.

5.     Each provision of the Principal Act specified in Column Further

1 of Schedule 1 is amended in the manner set forth opposite o^Act No"̂

that provision in Column 2 of Schedule 1. 87,1973.

6. Each Act specified in Column 1 of Schedule 2 is Amendment

amended in the manner set forth opposite that Act in Column othe t̂han

2 of Schedule 2.

Principal

Act.

7. Schedule 3 has effect. Savings, transitional and other

SCH ED U LE provisions.

Registration of Births, Deaths and Marriages {Amendment).

SCH ED U LE 1.

No. 57, 1975

A m endment of the Principal A ct.

Sec. 5.

Column 1. Column 2.

Provision of Principal

Act. Amendment.

Sections 4 (1), 4 (2) (a), 5 (1), 5 (2), 5 (4). 5 (8),	Omit “Registrar-General” wherever occurring,,
insert instead “Principal Registrar”.

6, 7 (1), 7 (4), 7 (5). 8, 9(1), 10(1), 11 (1), 11 (2), 11 (3), 12 (6), 13(1), 13 (4), 14(3)(W,

14 (5), 14 (7), 15, 22 (1), 22 (2), 22 (3), 22 (4), 22 (5), 26 (1), 26 (2), 29 (2), 29 (3), 29 (4), 29 (5), 30, 31 (1) (a), 31 (1) (b), 32 (1), 32 (2), 33 (1), 34 (1), 34 (2), 35 (3), 35 (5), 35 (6) (a), 36(1), 37 (1), 38 (1), 39 (1), 40 (b), 41 (1), 41 (2), 41 (3), 42 (1), 43 (1), 43 (2), 44 (1), 44 (2), 45 (1), 45 (2), 46 (1), 46 (2) (a), 46 (2) (b), 48 (1) (b), 48 (1) (c), 48 (2), 48 (3), 51 (1), 53, 54 (1), 55, 56, 59 16 (1), 16 (2), 21,

(2) , 60 and 61 (1) (b).

Section 48 (1) (a)

After “Registrar-General” insert “and have come

into the custody of the Principal Registrar” .

Section 54 13) ..

Omit “Registrar-General” where firstly occurring,

insert instead “Principal Registrar” .

Omit “Department of the Registrar-General” ,

insert instead “office of the Principal Registrar” .

Section 61 (1) (a)

Omit “Registrar-General in so far as those offices are concerned with the execution or intended execution of this Act” , insert instead “Principal Registrar” .

Clause 2 (3) of Schedule

Omit “Registrar-General”, insert instead “Principal

3.  Registrar” .

Clause 2 (4) of Schedule Omit “Registrar-General” where secondly occurring,

3.  insert instead “Principal Registrar” .

Clause 7 (2) of Schedule Omit the subclause.

3.

Cause 13 (2) (d) of Schedule 3.	Omit “Registrar-General” , insert instead “Principal
Registrar” .
Clause IS of Schedule 3	Omit the clause.

SCHEDULE

Registration of Births, Deaths and Marriages (Amendment).

SCH EDU LE 2. No. 57, 1975 Sec. 6.

A m e n d m e n t o f A c t s o t h e r t h a n P r in c ip a l A c t .

Column 1, Colunm 2.

Year and Short title of Amendment.

No. of Act. Act.

1898, No. 11.. Evidence Act, Section 30 (1) (a)—

1898.  Omit “Registrar-General or any deputy or district registrar” , insert instead “Principal Registrar of Births, Deaths and Marriages or any local registrar” .

Section 30 (1) (b)—

Omit “Registrar-General or deputy or

district registrar”, insert instead

“Principal Registrar or local registrar” .

Section 30 (3)—

Omit “Registrar-General” , insert instead “Principal Registrar of Births, Deaths and Marriages” .

1912, No. 41 ..	Parliamentary	Section 41 (1)—
Electorates	Omit “Registrar-General” , insert instead

and Elections	“Principal Registrar of Births, Deaths
Act, 1912.	and Marriages” .

1912, No. 46.. Friendly Section 116—

Societies Act,	Omit the section.
1912.	Section 117 (4)—
Omit the subsection.

1919, No. 6 .. Conveyancing Section 202 (1)—

Act, 1919.

Omit “ , and the Registration of Births, Deaths and Marriages Act, 1973” wherever occurring.

Section 202 (3)—

Omit “and the Registration of Births,

Deaths and Marriages Act, 1973, and

the regulations made thereunder” .

1965, No. 23.. Adoption of Section 61—

Children Act, Omit “Registrar-General” , insert instead

1965.  “Principal Registrar of Births, Deaths

and Marriages” .

Section 63—

Omit “Registrar-General” , insert instead

“Principal Registrar of Births, Deaths

and Marriages” .

SCHEDULE

Registration of Births, Deaths and Marriages {Amendment).

No. 57, 1975	SCHEDULE 3.
Sec. 7.

S a v in g s , T r a n s it io n a l a n d O t h e r P r o v is io n s .

Definition 1. In this Schedule, “appointed day” means the day

of appointed appointed and notified under section 2 (2).

References 2. A reference in any Act enacted before the appointed

Gener̂ Ŝ*̂ ' ^he Principal Act, or in any instru­

other Acts,	ment under an Act which took effect before that day, to the
etc.	Registrar-General shall, where that reference appears in a provision dealing with the registration of births, still-births, deaths, marriages, adoptions or legitimations, be construed as a reference to the Principal Registrar.

Transfer of	3. Upon the appointed day—
registers,
etc., to

Principal (a) the registers and indexes which before that day were

Registrar.

established and kept by the Registrar-General under

section 9 of the Principal Act; and

(b) the prescribed records referred to in section 4 8 (1 ) of the Principal Act which immediately before that day were in the custody of the Registrar-General,

shall be transferred to the Principal Registrar.

4.          Except to the extent that the Principal Registrar other­

Approved

forms. wise directs, a form that, immediately before the appointed day, was authorised for use for certain purposes under the Principal Act shall be deemed to be approved by the Principal Registrar for the like purposes under the Principal Act, as amended by this Act.

Registration of Births, Deaths and Marriages {Amendment).

5.      (1) A person holding office as a local registrar or no. 57,1975

deputy local registrar for a city, town, suburb or other place	----
under section 5 (1) of the Principal Act immediately before

the appointed day shall be deemed to have been appointed	’
to be a local registrar or deputy local registrar, as the case may be, for that city, town, suburb or place by the Principal Registrar imder section 5 (1) of the Principal Act, as amended by this Act.
(2) The appointment of the holder of an office or position at a city, town, suburb or other place as a local registrar or deputy local registrar for that city, town, suburb or place imder section 5 (2) of the Principal Act, in force immediately before the appointed day, shall be deemed to be an appointment made by the Principal Registrar under section 5 (2) of the Principal Act, as amended by this Act.

6.          Except to the extent that the Principal Registrar other- Directions

wise directs, a direction given by the Registrar-General under

section 6 or 10 of the Principal Act and in force immediately registrars

before the appointed day shall be deemed to be a direction

given by the Principal Registrar under section 6 or 10, as the	’
case may be, of the Principal Act, as amended by this Act.

7.           A delegation made by the Registrar-General under Delegation

the appointed day shall be deemed to have been made by the section 7 of the Principal Act and in force immediately before êner̂ *̂̂ "̂̂ * amended by this Act.

8.          A seal of office caused to be made by the Registrar- Seal of

General for use by a local registrar under section 8 of the

Principal Act before the appointed day shall be deemed to registrar,

have been caused to be made by the Principal Registrar for

use by that local registrar under section 8 of the Principal

Act, as amended by this Act.

Registration of Births, Deaths and Marriages (Amendment).

No. 57, 1975 9. The registers and indexes—

Registers.	(a)	deemed to have been estabhshed under section 9 of the Principal Act by the Registrar-General by virtue of clause 1 of Schedule 3 of the Principal Act; or
(b)	established under section 9 of the Principal Act by the Registrar-General after the commencement of that Act,

shall be deemed to be established by the Principal Registrar

under section 9 of the Principal Act, as amended by this Act.

Particulars 10. Particulars of or information relating to births, still- ation*to™' ^^^ths, deaths, marriages and adoptions and any prescribed

ished before legitimation information furnished to the Registrar-General

before the appointed day for the purposes of the Principal

this Act. Act shall be deemed to have been furnished to the Principal Registrar for like purposes under the Principal Act, as amended by this Act.

Protection 11.

The protection from liability conferred on the Crown, the Minister, the Registrar-General or any other person under section 56 of the Principal Act shall, notwithstanding the amendment made to that section by this Act, continue to apply to any act, matter or thing done or omitted to be done by the Registrar-General before the appointed day bona fide for the purpose of executing the Principal Act.

from

liability.

Proceedings	12. Where facts constituting an offence against the Principal Act came to the knowledge of the Registrar-General at any time before the appointed day, the Principal Registrar shall be deemed to have had knowledge of those facts from that time for the purposes of section 59 (2) of the Principal Act, as amended by this Act.
for o ffices .

Registration of Births, Deaths and Marriages {Amendment).

13. A copy of a register or of an entry in a register no. 57,1975

certified under the hand of the Registrar-General u n d e r ----

section 30 (1) (a) of the Evidence Act, 1898, before the

appointed day, or a certificate under the hand of the Registrar-	’
General issued under section 30 (1) (b) or 30 (3) of that Act before the appointed day shall be deemed to have been certified or issued by the Principal Registrar under section 30 (1) (a), (1) (b) or (3), as the case may be, of the Evidence Act, 1898, as amended by this Act.

PUBLIC