Registration of Births, Deaths and Marriages (Amendment) Act (No 2) 1977 (ACT)

No. 58 of 1977

AN ORDINANCE

To amend the Registration of Births, Deaths and Marriages

Ordinance 1963

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated this nineteenth day of October 1977.

JOHN R. KERR Governor-General

By His Excellency's Command,

A. A. STALEY

Minister of State for the Capital Territory

REGISTRATION O F BIRTHS, DEATHS AND MARRIAGES

(AMENDMENT) ORDINANCE (No. 2) 1977

1. This Ordinance may be cited as the Registration of Births, Deaths

and Marriages (Amendment) Ordinance (No. 2) 1977.*

2. In this Ordinance, " Principal Ordinance " means the Registration

of Births, Deaths and Marriages Ordinance 1963.f

3. Section 3 of the Principal Ordinance is repealed.

4. (1) Section 12 of the Principal Ordinance is amended—

t Ordinance No. 17, 1963 as amended by No. 19, 1966; N o . 47, 1974; N o . 29, 1975; and Nos . 18 and 50, 1977.

(a) by omitting from sub-section (1) "Subject to the next succeeding sub-section, the occupier" and substituting " The occupier "; and

(b) by omitting sub-section ( 2 ) .

(2) The amendments made by sub-section (1) do not apply in relation to the birth of a child before the date of commencement of this Ordinance.

5. (1 ) Section 13 of the Principal Ordinance is amended by adding

at the end thereof the following sub-section:

" (4) This section does not apply in relation to a child not born

alive.".

• Notified in the Commonwealth of Australia Gazette on 24 October 1977.

(2 ) The amendment made by sub-section (1) applies in relation

t o —

(a)	a child born not more than 28 days before the date of commencement of this Ordinance in respect of whom sub­ section 13 (1) of the Principal Ordinance has not, immediately before that date, been complied with; and
(b)	a child born on or after the date of commencement of this Ordinance.

6.   Section 18 of the Principal Ordinance is amended—

(a) by inserting in paragraph (1) (a) "subject to sub-sections

(1A ) and ( 1 B ) , " before " t h e surname of his father"; by inserting after sub-section (1) the following sub­ sections: and

(b)

" (1A) Where—

(a)	the surname of the mother of a child at the date of the child's birth is the same as the surname of the father of the child at that date; and
(b)	the name to be entered in the Register of Births as the surname of the child for the purposes of this Ordinance would, but for this sub-section, be the surname of the father of the child at the date of the child's birth,

the name to be entered in the Register of Births as the surname of the child is, if the mother and the father of the child so request the Registrar in writing, the maiden name of the mother of the child.

" ( 1 B ) Where—

(a ) the surname of the mother of a child at the date

of the child's birth is not the same as the surname

of the father of the child at that date; and

(b) the name to be entered in the Register of Births as the surname of the child for the purposes of this Ordinance would, but for this sub-section, be the surname of the father of the child at the date of the child's birth,

the name to be entered in the Register of Births as the surname of the child is, if the mother and the father of the child so request the Registrar in writing—

(c)	the surname of the mother of the child at the date of the child's birth; or
(d)	a surname that is a combination of the surnames of the mother and the father of the child at the date of the child's birth.".

7. Section 19 of the Principal Ordinance is amended by omitting from paragraph (4) (a) "expiration of one year" and substituting " expiration of 4 years ".

8. Section 28 of the Principal Ordinance is amended by omitting

from sub-section (1) " of a member " and substituting " to a member ".

9. Section 39 of the Principal Ordinance is amended by omitting

sub-sections (2) and (3) and substituting the following sub-sections:
" (2 ) A person shall not remove, or cause or permit the removal of, a body from the Territory—

(a)	where it is proposed to move the body to a State or the Northern Territory of Australia—except in a hermetically sealed polyethylene container; and
(b)	where it is proposed to move the body outside Australia— except in a sealed zinc-lined coffin.

" (3) A person who removes, or arranges for the removal of, the body of a person from the Territory shall, forthwith after the removal of the body, give to the Registrar notice of the removal of the body in accordance with Form 9A.".

10. Section 43 of the Principal Ordinance is amended by inserting in sub-section (3) ", or extract from," after " certified copy of ".

11. Section 44 of the Principal Ordinance is amended by omitting

sub-section ( 4 ) .

12. The Fourth Schedule to the Principal Ordinance is amended by omitting Form 10 and substituting the following forms:

FORM 9A Section 39

AUSTRALIAN CAPITAL TERRITORY

Registration of Births, Deaths and Marriages Ordinance 1963 NOTICE OF REMOVAL OF BODY FROM TERRITORY

To the Registrar

1. I,	, of	, hereby
give notice that on the	day of	,

19         , the body of

was removed from the Territory for * burial

* cremation

* anatomical examination

at

2. The person responsible for making arrangements for the disposal of the body is

, undertaker, of

3. The death of

• w a s not reported to the Coroner.

Dated the day of , 19

(Signature)

* Strike out whichever is not applicable.

t If anatomical examination, insert name and address of university or other institution at which examination

to take place.

FORM 10 Section 51

AUSTRALIAN CAPITAL TERRITORY

Registration of Births, Deaths and Marriages Ordinance 1963

CERTIFICATE O F ENTRY IN REGISTER

I, , the Registrar of Births,

Deaths and Marriages for the Australian Capital Territory, hereby certify that the above is a true copy of an entry in a Register kept by me.

Dated the day of , 19

Registrar