Registration of Births, Deaths and Marriages Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES.

No. 79 of 1985.

AN ACT to amend the Registration of Births, Deaths

and Marriages Act 1961.

[Assented to 4 December 1985.]

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:—

1. (1) This Act may be cited as the Registration end :gam/

of Births, Deaths and Marriages Amendment Act Act.

1985.

(2) In this Act the Registration of Births, Deaths approved

and Marriages Act 1961 is referred to as the principal Egli" 1976

emended by

Act.

Act No.99

of 1970.

No. 79.] Registration of Births, Deaths [1985.

and Marriages.

Commence-

ment. 2. This Act shall come into operation on such

day or days as is or are respectively fixed by

proclamation.

Section 20

amended. 3. Section 20 of the principal Act is amended by

repealing subsection (5).

Section 21A

inserted. 4. After section 21 of the principal Act the

following section is inserted-

Surname

to be	21A. (1) Subject to subsections (2) and births as the surname of a child shall be
entered in
register	(3) the name to be entered in a register of
of births.

(a) where particulars as to paternity of a child are entered in a register in accordance with section 20 or 21 or where registration is made in accordance with Part VI, the surname of the father of the child;

Or

(b) in all other cases, the surname of the mother of the child.

(2) Where the mother and father of a child produce to the Registrar General such evidence as in his opinion is sufficient to establish that they have different surnames and they so request in the prescribed manner the Registrar General may enter in a register of births as the surname of that child the surname of either the mother or the father or the surnames of both.

(3) Where either the mother or father of a child belongs to a prescribed ethnic group, the Registrar General may enter in a register of births as the surname of that child, a surname which, in the opinion of the Registrar General, is in accordance with a prescribed recognized religious custom or naming procedure of that ethnic group and which is nominated in the prescribed manner by the

mother and father of the child.

1985.] Registration of Births, Deaths [No. 79.

and Marriages.

(4) Subject to subsection (5), all children of the same mother and father whose names are registered under this Act shall bear the same surname.

(5) The Registrar General shall not enter in a register of births as the surname of a second or later child of a marriage a surname that is not the same as the surname of the first child of that marriage whose name has been registered under this Act unless

(a)	both the mother and father of the child agree; and
(b)	the Registrar General is satisfied that the use of a different surname is in accordance with a prescribed recognized religious custom or nam- ing procedure of the ethnic group to which either the mother or the father of that child belongs.

(6) In this section "father" in relation to a child means the person shown as the father of that child in the particulars as to the paternity of the child entered in a register in accordance with section 20 or 21, or a person making a statutory declaration under section 53. ".

5.    Section 57 of the principal Act is amended by

inserting after "the child" where first appearing the

following.

Cf

where no request has been made under

section 21A (2), ".

6.    Section 73 of the principal Act is amended by =;e2

inserting after subsection (1) the following sub-

section

Ct

(la) Without limiting the generality of subsection (1), regulations made under this Act

(a)	may from time to time, prescribe religious customs and naming
procedures of ethnic groups;

No. 79.] Registration of Births, Deaths [1985.

and Marriages.

(b)	shall, where a regulation is made under paragraph (a), fix a day to be the prescribed day for the purposes of section 73A; and
(c)	may make provision for all other matters that are required to be pre- scribed or are necessary or convenient to be prescribed for the purposes of section 21A. ".

Section 73A

Inserted. 7. After section 73 of the principal Act the

following section is inserted-

Application t t

to amend	73A. (1) Where a regulation is made
register

within 6	under section 73 (la) (a) prescribing a
months of
prescribed	religious custom or naming procedure of an
day.	ethnic group, the mother and father of a child whose surname was immediately before the prescribed day entered in a register of births may, where either the mother or father of the child belongs to that ethnic group, apply within 6 months of that prescribed day to the Registrar General to amend that register to enter as the surname of that child a surname which is in accordance with that prescribed custom or naming procedure and the Registrar General shall, where he is satisfied that the proposed surname is in accordance with that prescribed custom or naming procedure, amend the register accordingly.
(2) In subsection (1) "prescribed day", in relation to a religious custom or naming procedure of an ethnic group, means the day fixed by a regulation made under section 73 (la) (b) as the prescribed day for that
religious custom or naming procedure. ".
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1961 Sec. 10

COLUMN BIRTH IN THE STATE OF WESTERN AUSTRALIA

REGISTRATION NUMBER

III SURNAME

III GWOGI4AsAIS

0) DAIS OP etAlm

2	CHILD	.., PLACE OF BIRTH
IS) SE'
0 i SUPSAIAS
121 OlSEN NAMES co
3	FATHER	131 USUAL OCCUPATION
III ADE
if) PLACE Of BIRTH 0 0
III SURNAME z S e
121 GIVEN ASSES II) MAIDEN SURNAME
4	MOTHER
1St RUE I . ) USUAL OCCUPATION
III PLACE OE SIREN
D I GATE OP MARRIAGE

PARENTS' tnU

MARRIAGE a' PtA" °"^""1""

AND 131 OlvE11 NAMES AM0

5  ROES CH PREVIOUS

CHILDREN CHILDREN IN

OF ORDER Of STRIA

MARRIAGE tri

Pt ACCOuCHEUR

6    WITNESSES ,r,;u4SE,„H„,

III OCCUPIER Of BIRTHPLACE 3)THESSES

III 11 WWI z

7 INFORMANT 0, DESCRIPTION 01 USUAL ADDRESS p

f REGISTERED. AT PERTH BY •••3

01 DATE `SEAL

8   REGISTRAR

Sec. 10

COLUMN REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1961

DEATH IN THE STATE OF WESTERN AUSTRALIA

REGISTRATION NUMBER

I I I SURNAME

121 OATENNAMES

01 PLACE OF DRAIN

I T I DATE OF DEATH

G

2	G I OCCUPATION AOE ANO SEX	I AGE	SET
WI USUAL ADDRESS t /i PLACE OF SPAIN a t (EARS LIvE D IN 'EACH

AUSTRALIANSTATE

HI FATHERS NAME

1f) USUAL OCCUPATION

3             1 5

1 USUAL OCCUPATION

III MARITAL STATUS 20

EDI PLACE Of MARRIAGE ITT DATE OF MARRI A GE III '0 WHOU MARRIED cr co

s-n

4 CD MS t.

MARRIAGE	R	)-1> CL	C-1-
'I

PARTICULARS 00U?

xi R P

NAMES M40 AGES	15:1 ED– C)	R VI:
OF CHILDREN IN

5 " Po' g:14 °

THEIR ORDER OF

BIRTH Lam/ R

. Ca'

Cfl CR

CAUSE OF DEATH C ''.

a

w r D

c-r- • 1 t -- 5

6            OTIPROHMATE INTERVAL

RE TwEEN ONSET OF DISEASE : 0 : g

OR CONDITION ENO DEATH Ca cD

SHOWNINBRACKETS} tR `..

ti n P. 4* 0

g (.. :,' 5'3 :

7          I

III NAME OF DOCTOR co

RI OA% LAST SEEN AL'SE v

rgi ,–.7:1 co

III PLACE OF ZONAL OR CREMATION	cn )-s	R
121 DATE	1–. (4 0
131 PERSON CERTIFYING	R'''
0 0

8      III CREMATORIUM OFFICIAL

151 OFFICIATING MINISTER	co qj
WI RELIGIOUSDENOMINATION	C F P.)
Ill WITNESSES	Cy.

II I INFORMANT SHAME 0:. r—.1

9

/7/ AGGRESS co 0 1.-•

/31 DESCRIPTION co

a cfr co

al

10 XAclatIET:fitArw. REGISTERED AT PERTH BY SEAL I Ith"