Registration of Deaths Abroad Regulations 1985 (Cth)

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Registration of Deaths Abroad Regulations 1985

Statutory Rules No. 304, 1985

made under the

Registration of Deaths Abroad Act 1984

Compilation No. 3

Compilation date: 16 February 2017

Includes amendments up to: F2017L00118

Registered: 16 February 2017

About this compilation

This compilation

This is a compilation of the Registration of Deaths Abroad Regulations 1985 that shows the text of the law as amended and in force on 16 February 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

      

Contents

Schedule 1 3

1Name of Regulations

 These Regulations are the Registration of Deaths Abroad Regulations 1985.

2Interpretation

 In these Regulations, the Act means the Registration of Deaths Abroad Act 1984.

3Form of application for registration

For the purposes of paragraph 11(1)(a) of the Act, the prescribed form of application for the registration of the death of a person is:

  • (a)

    Form 1 where the person died otherwise than in circumstances mentioned in paragraph 9(1)(a) of the Act; or

  • (b)

    Form 2 where the person disappeared as mentioned in that paragraph.

4Manner of making an application for registration

For the purposes of paragraph 11(1)(b) of the Act, the prescribed manner of making an application for the registration of the death of a person is:

  • (a)

    where the person is a prescribed person in relation to whom paragraph 8(1)(a) of the Act applies—by furnishing an application in Form 1 to the Registrar;

  • (b)

    where the person died on board an Australian aircraft or on board an Australian ship—by furnishing an application in Form 1 to the Registrar;

  • (c)

    where the person died on board a flying craft (other than an Australian aircraft) on an Australian flight or on board a ship (other than an Australian ship) on an Australian voyage—by furnishing an application in Form 1 to the Registrar;

  • (d)

    where the person disappeared from an Australian aircraft while that aircraft was in flight or from an Australian ship while that ship was at sea—by furnishing an application in Form 2 to the Registrar; or

  • (e)

    where the person disappeared from a flying craft (other than an Australian aircraft) while that aircraft was in flight on an Australian flight or from a ship (other than an Australian ship) while that ship was at sea on an Australian voyage—by furnishing an application in Form 2 to the Registrar.

5Particulars to be contained in Certificate of Death Abroad

For the purposes of subsection 15(1) of the Act, in respect of the registration of the death of a person the prescribed particulars relating to the person, death and the Registrar are the particulars referred to in Schedule 2.

6Certificate of Death Abroad to be entered in the Register

For the purposes of section 16 of the Act, all particulars contained in each Certificate of Death Abroad are required to be entered in the Register.

7Fees

For the purposes of subsection 19(3) of the Act, the following fees are prescribed:

  • (a)

    for issuing a copy of an entry in the Register—$15

  • (b)

    for issuing an extract from an entry in the Register—$12

  • (c)

    for issuing a notification of the result of a search for an entry in the index and the Register—$6.

8Form of certificates by Registrar

 For the purposes of paragraph 19(3)(b) of the Act:

  • (a)

    Form 3 is the prescribed form of certificate by the Registrar of a copy of an entry in the Register; and

  • (b)

    Form 4 is the prescribed form of certificate by the Registrar of an extract from an entry in the Register.

9Manner of giving notices

 For the purposes of subsections 21(4) and 22(4) of the Act, a notice required to be given under either of those subsections to a person who has made an application for the registration of a death may be given by causing the notice to be posted in a registered letter addressed to the person at the person’s address given in that application.

Schedule 1

Form 1Application for registration of a death abroad

(regulations 3 and 4)

Commonwealth of Australia

Registration of Deaths Abroad Regulations

Application for registration of a death abroad

PARTICULARS OF DECEASED

 

1

Surname

2

Christian or given names

3

Date and time of death (as precisely as is known)

4

Place of death

5

If death occurred on board a flying craft or ship:

  • (a)

    name or flight number of flying craft or name of ship

  • (b)

    name of carrier or registered owner

  • (c)

    location of craft or ship at time of death

  • (d)

    port of origin of the flight or voyage

  • (e)

    port of destination of the flight or voyage

6

Sex

7

Age at death

8

Place of birth

8A

Last known occupation

9

Nationality

10

Conjugal status

11

Name of spouse

12

Names and ages of living children

13

Father’s full name

14

Mother’s full name and maiden surname

15

Usual place of residence

16

Where the person resided in a State or Territory of Australia at any time:

  • (a)

    the address or addresses at which the person resided in any such State or Territory, so far as known to the applicant

  • (b)

    the period or periods during which the person resided at that address, or each of those addresses, so far as known to the applicant

17

Grounds (if any) on which the applicant has reason to believe that the person:

  • (a)

    was an Australian citizen

  • (b)

    ordinarily resided in Australia or in an external Territory of Australia

  • (c)

    was in receipt of a pension, allowance or benefit under the Social Security Act 1991

  • (d)

    was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004

PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH

 

18

If the deceased was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, details of the benefit

MEDICAL PARTICULARS

 

19

Cause of death (if known)

20

Name of medical practitioner, coroner or other authority furnishing medical particulars

PARTICULARS OF BURIAL/CREMATION (omit whichever is not applicable)

 

21

Date of burial/cremation

22

Place of burial/cremation

PARTICULARS OF APPLICANT

 

23

Surname

24

Christian or given names

25

Usual place of residence and other address (if any) for correspondence

26

Relationship to deceased

27

If not related, duration of period applicant knew deceased

28

Grounds on which the applicant knows the identity of the deceased

29

Title or rank

30

Occupation

31

Whether an application for registration of the death has been made to any other authority

32

Authority to which that application was made

33

Whether that application was refused

34

Signature of applicant certifying correctness of particulars

35

Date of signing

Form 2Application for registration of the death abroad of a person who has disappeared

(regulations 3 and 4)

Commonwealth of Australia

Registration of Deaths Abroad Regulations

Application for registration of the death abroad of a person who has disappeared

PARTICULARS OF PERSON WHO HAS DISAPPEARED

 

1

Surname

2

Christian or given names

3

Date and time when person was last seen alive

4

Place where person was last seen alive

5

Names and addresses of persons who last saw that person alive

6

Such particulars of the time at which, the date on which, and the circumstances in which, the person disappeared as are known to the applicant

7

Particulars of the grounds the applicant has for believing that the person has died

8

Particulars of the flying craft or ship from which the person disappeared

  • (a)

    name or flight number of flying craft or name of ship

  • (b)

    name of carrier or registered owner

  • (c)

    location of flying craft or ship at time of disappearance

  • (d)

    port of origin of the flight or voyage

  • (e)

    port of destination of the flight or voyage

9

Sex

10

Age at time of disappearance

11

Place of birth

11A

Last known occupation

12

Nationality

13

Conjugal status

14

Name of spouse

15

Names and ages of living children

16

Father’s full name

17

Mother’s full name and maiden surname

18

Usual place of residence

19

Where the person resided in a State or Territory of Australia at any time:

  • (a)

    the address or addresses at which the person resided in any such State or Territory, so far as known to the applicant

  • (b)

    the period or periods during which the person resided at that address, or each of those addresses, so far as known to the applicant

20

Grounds (if any) on which the applicant has reason to believe that the person

  • (a)

    was an Australian citizen

  • (b)

    ordinarily resided in Australia or in an external Territory of Australia

  • (c)

    was in receipt of a pension, allowance or benefit under the Social Security Act 1991

  • (d)

    was in receipt of a pension, allowance or benefit under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004

PARTICULARS OF BENEFITS PAYABLE BY COMMONWEALTH

 

21

If the person was in receipt of a salary, pension, allowance or other benefit from the Commonwealth or an authority of the Commonwealth, the nature of the benefit

DOCUMENTS IN SUPPORT OF APPLICATION

 

22

List the documents furnished as evidence that the person is dead

PARTICULARS OF APPLICANT

 

23

Surname

24

Christian or given names

25

Usual place of residence and other address (if any) for correspondence

26

Relationship to deceased

27

If not related, duration of period applicant knew deceased

28

Grounds on which the applicant knows the identity of the person who has disappeared

29

Title or rank

30

Occupation

31

Whether an application for registration of the death has been made to any other authority

32

Authority to which that application was made

33

Whether that application was refused

34

Signature of applicant certifying correctness of particulars

35

Date of signing

Form 3Certificate of an entry in the register of deaths abroad

(paragraph 8 (a))

Commonwealth of Australia

Registration of Deaths Abroad Regulations

Certificate of an entry in the register of deaths abroad

I, (insert full name), the Registrar of Deaths Abroad, certify that the above is a true copy of an entry in the Register of Deaths Abroad kept by me under the Registration of Deaths Abroad Act 1984.

 Dated (insert date).

Registrar

Form 4Certificate of an extract from an entry in the register of deaths abroad

(paragraph 8 (b))

  

Commonwealth of Australia

Registration of Deaths Abroad Regulations

Certificate of an extract from an entry in the register of deaths abroad

I, (insert full name), the Registrar of Deaths Abroad, certify that an entry in the Register of Deaths Abroad kept by me under the Registration of Deaths Abroad Act 1984 gives the following particulars concerning the death of (insert name of person who has died or of person who has disappeared and is deemed to have died):

Date of death or Date on which person was last seen alive* 

Place of death or Location of flying craft or ship when person was last seen alive* 

 Dated (insert date).

Registrar

*Omit whichever is not applicable

Schedule 2Certificate of a death abroad

(regulation 5)

  

PARTICULARS OF PERSON WHO HAS DIED OR DISAPPEARED

 

1

Surname

2

Christian or given names

3

Date of death or date on which person was last seen alive

4

Place of death or location of flying craft or ship when person was last seen alive

5

Sex

6

Age at death or disappearance

7

Place of birth

7A.

Last known occupation

8

Usual place of residence

9

Nationality

10

Conjugal status

11

Name of spouse

12

Names and ages of living children

13

Father’s full name

14

Mother’s full name and maiden surname

MEDICAL PARTICULARS

 

*15

Cause of death

*16

Name of medical practitioner, coroner or authority furnishing particulars

PARTICULARS OF BURIAL/CREMATION (omit whichever is not applicable)

 

*17

Date of burial/cremation

*18

Place of burial/cremation

PERSON FURNISHING PARTICULARS

 

19

Surname

20

Christian or given names

21

Usual place of residence and address (if any) for correspondence

22

Relationship to deceased

23

Title or rank

24

Occupation

25

Name of the Registrar

26

Place of registration

27

Date application received by the Registrar

*These particulars do not apply in the case of a person who has disappeared

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

 /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

 effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

 effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

 cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

 commenced or to be commenced

Endnote 3Legislation history

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

No. 304, 1985

21 Nov 1985

1 Dec 1985 (gaz 1985, No S506)

No. 338, 1989

7 Dec 1989

7 Dec 1989

—

No. 179, 2004

1 July 2004

1 July 2004 (r 2)

—

Name

Registration

Commencement

Application, saving and transitional provisions

Registration of Deaths Abroad Amendment Regulations 2017

13 Feb 2017 (F2017L00118)

16 Feb 2017 (s 2(1) item 1)

—

Endnote 4Amendment history

Provision affected

How affected

r 1.............................................

rs No 179, 2004

r 4.............................................

am F2017L00118

r 5.............................................

am F2017L00118

r 6.............................................

rs F2017L00118

r 7.............................................

am No 338, 1989

Schedule 1

Form 1.......................................

am No 338, 1989; No 179, 2004

Form 2.......................................

am No 338, 1989; No 179, 2004

Form 3.......................................

am F2017L00118

Form 4.......................................

am F2017L00118

Schedule 2

Schedule 2..................................

am No 338, 1989; F2017L00118

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