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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of Regulations
2 Interpretation
3 Form of application for registration
4 Manner of making an application for registration
5 Particulars to be contained in Certificate of Death Abroad
6 Certificate of Death Abroad to be entered in the Register
7 Fees
8 Form of certificates by Registrar
9 Manner of giving notices
Schedule 1 3
Form 1—Application for registration of a death abroad
Form 2—Application for registration of the death abroad of a person who has disappeared
Form 3—Certificate of an entry in the register of deaths abroad
Form 4—Certificate of an extract from an entry in the register of deaths abroad
Schedule 2—Certificate of a death abroad
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Registration of Deaths Abroad Regulations 1985.
2 Interpretation
In these Regulations, the Act means the Registration of Deaths Abroad Act 1984.
3 Form 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.
4 Manner 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.
5 Particulars 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.
6 Certificate 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.
7 Fees
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.
8 Form 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.
9 Manner 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 1—Application 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 2—Application 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 3—Certificate 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 4—Certificate 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 2—Certificate 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 1—About 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 2—Abbreviation 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 3—Legislation 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 4—Amendment 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 |